in the united states district court for the eastern … · 2019-07-23 · the loans exceed 12%...

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

DARLENE GIBBS, STEPHANIE EDWARDS, :

LULA WILLIAMS, PATRICK INSCHO, :

and LAWRENCE MWETHUKU, on behalf of : Civil Action No. _________________

themselves and all individuals similarly situated, :

:

Plaintiffs, :

:

:

v. :

:

PLAIN GREEN, LLC, and GREAT PLAINS :

LENDING, LLC, :

:

Defendants. :

__________________________________________:

CLASS ACTION COMPLAINT

COME NOW Plaintiffs, Darlene Gibbs, Stephanie Edwards, Lula Williams, Patrick

Inscho, and Lawrence Mwethuku (“Plaintiffs”), on behalf of themselves and all individuals

similarly situated, by counsel, and for their Class Action Complaint against Defendants Plain

Green, LLC and Great Plains Lending, LLC (collectively “Defendants”), they allege as follows:

INTRODUCTION

1. It is well established that Virginia’s usury laws “are founded upon considerations

of public policy.” Town of Danville v. Pace, 66 Va. 1, 19 (1874). Even in an era where “state-by-

state lobbying campaigns” have persuaded state legislators to reverse “nearly three hundred years”

of prohibitions against “double- or even single-digit interest rate caps,” Virginia has remained

committed to its longstanding view that it is contrary to public policy to charge excessive interest

rates to Virginians. Christopher L. Peterson, “Warning: Predatory Lender”—A Proposal for

Candid Predatory Small Loan Ordinances, 69 Wash & Lee L. Rev. 893, 896 (2012) (providing

historical context on usury laws). Virginia’s strong public policy against excessive interest rates is

Case 3:17-cv-00495-MHL Document 1 Filed 07/11/17 of 31 PageID# 1

nbrown

Typewritten Text

3:17-cv-495-MHL

nbrown

Typewritten Text

nbrown

Typewritten Text

2

not only hammered home by its criminalization of such conduct, but its civil remedies are also

severe for it has long been established that “[h]owever small amount of usurious interest contracted

for, and however large amount of money loaned, the contract is declared void, and the lender

forfeits the whole amount of the debt and interest.” Brockenbrough’s Ex’rs v. Spindle’s Adm’rs,

58 Va. 21, 32 (1866) (emphasis added).

2. This case involves a criminal enterprise that was established with the intent of

evading state usury laws. In an apparent attempt to insulate themselves from any legal liability,

several individuals, including Kenneth Rees (“Rees”), established what is commonly referred to

as a “rent-a-tribe” business model, where a payday lending scheme associates with a Native

American tribe in an attempt to cloak itself in the privileges and immunities enjoyed by the tribe—

or to at least create the illusion that it enjoys tribal immunity.1

3. To establish the rent-a-tribe scheme, Rees approached members of the Chippewa

Cree Tribe and Otoe-Missouria Tribe (collectively the “Tribes”). Under the rent-a-tribe model,

loans were made in the name of Plain Green and Great Plains—the tribal companies that served as

fronts to disguise Rees and his companies’ roles and to ostensibly shield the scheme by exploiting

tribal sovereign immunity. In return for the use of their name, the Tribes received 4.5% of the

revenue from the loans,2 but otherwise the Tribes had no control over the income, expenses, or

day-to-day operations of the businesses.

1 Plaintiffs filed a related case against Rees and the other companies involved on May 19, 2017. See Gibbs v. Rees,

Case No. 3:17-00386(MHL) (E.D. Va.). That lawsuit also names the other companies involved in the enterprise,

namely Think Finance, Inc.; Think Finance SPV, LLC; TC Decision Sciences, LLC; TC Loan Service, LLC; Tailwind

Marketing, LLC; and GPL Servicing (“GPLS”) (collectively the “Affiliated Companies”).

2 Although the Tribe received 4.5% of the revenue on paper, these funds were diverted to tribal leaders such as Neal

Paul Rosette and Billi Anne Morsette, the former “chief executive officers” of Plain Green who were sent to prison

for accepting bribes in exchange for facilitating the award of tribal contracts and for helping another tribal member

siphon over $55,000 in tribal monies, which were laundered through the predecessor company of Plain Green. The

United States Attorney’s Office, District of Montana, Plain Green Officials Sent to Prison (March 8, 2016),

https://www.justice.gov/usao-mt/pr/plain-green-officials-sent-prison. As part of this investigation, the Montana

Attorney General’s office uncovered that Rosette, Morsette, and James Eastlick, Jr., each received $400,000 from a


3

4. This lawsuit challenges Plain Green and Great Plains’ claim of sovereign immunity,

who claim to be an “arm of the tribe” and thus protected by tribal immunity. Although the doctrine

of tribal sovereign immunity protects the tribe itself, it does not automatically extend to economic

subdivisions of a tribe, and the Court must determine whether these entities are “analogous to a

governmental agency, which should benefit from sovereign immunity” or whether they are more

like a “commercial business enterprise, instituted for the purpose of generating profits for [their]

private owners.” Breakthrough Mgmt. Grp., Inc. v. Chukchansi Gold Casino & Resort, 629 F.3d

1173, 1184 (10th Cir. 2010) (citing Gavle v. Little Six, Inc., 555 N.W.2d 284, 293 (Minn. 1996)).

In this instance, Plain Green and Great Plains are not entitled to sovereign immunity because

95.5%, if not more, of the profits from the scheme went to non-tribal participants and the

companies were established for the sole purpose of evading state usury laws. Extending the

protections of tribal immunity to Defendants’ scheme would not serve the policies underlying

tribal sovereign immunity.

5. Based on Defendants’ conduct, Plaintiffs allege violations of the Racketeer

Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968. Defendants acted

in concert and conspired with Rees and others to repeatedly violate state lending statutes resulting

in the collection of an unlawful debt from Plaintiffs and the class members. Defendants are

“persons” as defined in 18 U.S.C. § 1961(3), and the usurious debts they sought to collect and did

collect are “unlawful debts” under 18 U.S.C. § 1961(6). Defendants’ acts described herein are

unlawful as set forth in 18 U.S.C. § 1962.

6. Plaintiffs also assert a class claim for violations of Virginia’s usury laws. Because

the loans exceed 12% annual percentage rate (“APR”), such loans are null and void and neither

consulting company, Ideal Consulting, LLC, involved in the Plain Green operation. Id. In other words, the Chippewa

Cree Tribe actually received far less than the 4.5% allocated to it under the agreement.


4

the lender nor any third party may collect, obtain, or receive any principal, interest, or charges on

the loans. 15 U.S.C. § 1541(A). Accordingly, Plaintiffs and the class members seek to disgorge all

amounts paid by Virginia consumers in excess of 12%, plus twice the amount of such usurious

interest that was paid in the two years preceding the filing of this action and their attorneys’ fees

and costs. Va. Code § 6.2-305(A).

7. Plaintiffs also seek a declaratory judgment that the arbitration and choice-of-law

provisions in Defendants’ loan agreements are void and unenforceable because they contain

unconscionable choice of law and arbitration provisions that seek to disclaim all federal and state

laws in favor of “tribal law.” These unconscionable provisions also render the loan agreements

void and unenforceable as a matter of public policy. On two recent occasions, including a case

involving the Great Plains’ loan agreement at issue in this case, the Fourth Circuit held that similar

provisions were unenforceable for violating public policy.3

JURISDICTION

8. This Court has jurisdiction pursuant to 18 U.S.C. § 1965 and 28 U.S.C. §

1332(d)(2). Moreover, the Court has supplemental jurisdiction over state law claims pursuant to

28 U.S.C. § 1367.

9. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) as Plaintiffs Darlene

Gibbs and Lula Williams are residents of this District and Division and a substantial part of

Plaintiffs’ claims occurred in Virginia.

3 Hayes v. Delbert Services Corp., 811 F.3d 666, 673 (4th Cir. 2016) (“This arbitration agreement fails for the

fundamental reason that it purports to renounce wholesale the application of any federal law to plaintiffs’ federal

claims.”); Dillon v. BMO Harris Bank, N.A., 2017 WL 1903475, at *4 (4th Cir. 2017) (“We hold that the above

provisions . . . are not distinguishable in substance from the related provisions . . . we held unenforceable in Hayes.

The arbitration agreement in this case implicitly accomplishes what the Western Sky Agreement explicated stated,

namely, that the arbitrator shall allow for the application of any law other than tribal law. Just as we did in Hayes, we

interpret these terms in the arbitration agreement as an unambiguous attempt to apply tribal law to the exclusion of

federal and state law.”).


5

PARTIES

10. Plaintiff Darlene Gibbs (“Gibbs”) is a natural person and resident of the Richmond

Division.

11. Plaintiff Stephanie Edwards (“Edwards”) is a natural person and resident of the

Commonwealth of Virginia.

12. Plaintiff Lula Williams (“Williams”) is a natural person and resident of the

Richmond Division.

13. Plaintiff Patrick Inscho (“Inscho”) is a natural person and resident of the


14. Plaintiff Lawrence Mwethuku (“Mwethuku”) is a natural person and resident of the


15. Defendant Plain Green is a limited liability company doing business as an internet

lending website under the domain name www.plaingreenloans.com. Plain Green claims to be a

“tribal lending entity wholly owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian

Reservation, Montana, a sovereign nation located within the United States.”4 In return for a small

fraction of the revenue, the Chippewa Cree Tribe allowed the lending scheme to use its name and

falsely claim that it is operated by the Chippewa Cree Tribe. At all times relevant hereto, the

Chippewa Cree Tribe did not participate in the day-to-day operations of Plain Green and did not

fund the loans or handle the servicing or collection of the loans.

16. Defendant Plain Green is a limited liability company doing business as an internet

lending website under the domain name www.greatplainslending.com. Great Plains claims to be a

“tribal lending entity wholly owned by the Otoe-Missouria Tribe of Indians, a sovereign nation

4 Plain Green, Home, https://www.plaingreenloans.com/Default.aspx (last visited July 10, 2017).


6

located within the United States.”5 In return for a small fraction of the revenue, the Otoe-Missouria

Tribe allowed the lending scheme to use its name and falsely claim that it was “wholly owned”

and operated by the Otoe-Missouria Tribe. At all times relevant hereto, the Otoe-Missouria Tribe

did not participate in the day-to-day operations of Great Plains and did not fund the loans or handle

the servicing or collection of the loans.

FACTUAL BACKGROUND

A. Longstanding Public Policy Prohibiting Usurious Loans.

17. More than forty years before the signing of the Declaration of Independence,

Virginia enacted its first usury law, which capped interest rates at 6 percent. John W. Edmonds III,

Virginia Law of Interest and Usury, 10 U. Rich. L.R. 77 (1975) (citing 4 Hennings Stat. 194).

18. Virginia’s “usury laws serve a beneficial public purpose and are to be liberally

construed with a view to advance the remedy and suppress the mischief.” Radford v. Cmty. Mortg.

& Inv. Corp., 226 Va. 596, 601 (1984).

19. The Supreme Court of Virginia has repeatedly acknowledged that Virginia’s “usury

statutes represent a clarification of the public policy of the state that usury is not to be tolerated,

and the court should therefore be chary in permitting this policy to be thwarted.” Id. (quoting

Heubusch & Reynolds v. Boone, 213 Va. 414 (1972)).

20. In accordance with this longstanding public policy, a person may not charge an

annual percentage rate (“APR”) exceeding 12% without first obtaining a consumer finance license

from the Commonwealth. Va. Code §§ 6.2-1501(A), 6.2-303(A).

21. The consumer finance licensing requirements are designed to protect Virginia

consumers from predatory lenders like Defendants. Virginia’s licensing requirements include

5 Great Plains, Home, https://www.greatplainslending.com/ (last visited July 10, 2017).


7

physical presence in the commonwealth and a minimum amount of liquid assets. Va. Code § 6.2-

1507(A)(2). Additionally, before granting a license, the Commission must make specific findings

concerning the applicant lender such as the character and fitness of the applicant and the

applicant’s knowledge of applicable Virginia laws and regulations. Va. Code § 6.2-1507.

B. Overview of Defendants’ Enterprise.

22. Over the last decade, businesses have sought to evade state lending laws like

Virginia’s by entering into ventures with Native American tribes “so they can use tribal immunity

as a shield for conduct of questionable legality.” Michigan v. Bay Mills Indian Cmty., 134 S. Ct.

2024, 2052 (2014) (Scalia, J., dissenting) (citing Nathalie Martin & Joshua Schwartz, The Alliance

Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at

Risk? 69 Wash. & Lee L. Rev. 751, 758–759, 777 (2012)).

23. Rees recognized the exorbitant profits he could achieve by not complying with

Virginia’s usury laws and lending out high interest loans to some of Virginia’s most vulnerable

consumers. Indeed, prior to establishing the rent-a-tribe scheme described herein, Rees and the

Affiliated Companies were participating in a “rent-a-bank” scheme.

24. Under the rent-a-bank model, a payday lender who was prohibited from making

loans in a particular state would evade a state’s lending restrictions by partnering with a bank that

would act as a conduit for the loan in exchange for a fee.

25. Beginning in 2005, the Federal Deposit and Insurance Corporation began cracking

down on rent-a-bank arrangements, and the rent-a-bank arrangements were nearly eliminated by

2010—largely by the assessment of penalties and fines against participating banks.

26. In response, Rees developed a solution—he decided to exploit Native American

tribes as the new mechanism to continue the scheme. Ben Walsh, Outlawed By The States, Payday


8

Lenders Take Refuge on Reservations, Huffington Post (June 29, 2015, updated Sept. 8, 2015),

http://www.huffingtonpost.com/2015/06/29/online-payday-lenders-reservations_n_7625006.html

(“But by 2010, various federal regulators had all but shut down the [rent-a-bank] arrangement.

Rees needed a new way to keep his business alive. The solution he found was relatively

straightforward: He’d work with Native American tribes . . . .”).

27. Like the rent-a-bank format, the loans would be originated in the name of a tribe,

but the tribe would serve as nothing more than a nominal lender.

28. In early 2011, Rees sent a letter to the Chippewa Cree Tribe proposing that they

participate in the joint lending venture with his company, Think Finance, Inc.

29. According to one tribal leader, “Think Finance made it clear to the Chippewa Cree

that if the Tribe didn’t accept Think Finance’s terms, the company would be perfectly happy to

find another tribe that would.” Id. at 3.

30. Within two weeks of receiving Rees’ letter, the Chippewa Cree Tribe agreed to

participate in the lending scheme and formed Plain Green. Id.

31. Under the scheme, loans are made in the name of Plain Green, but Rees and the

Affiliated Companies provide the infrastructure to market, fund, underwrite, and collect the loans,

including the following services: lead generation, technology platforms, payment processing, and

collection procedures.

32. Pursuant to the initial contract between the various entities, Think Finance agreed

“to license its software to the [Chippewa Cree] Tribe pursuant to a software license agreement

acceptable to the parties” and to also “provide risk management, application processing,

underwriting assistance, payment processing, and ongoing customer service support coterminous

with the software license agreement.” (Mar. 11, 2011 Term Sheet, attached as Ex. 1).


9

33. Once the loan agreement was executed by a consumer, Plain Green immediately

assigned the promissory note to GPLS for nothing of value.

34. As compensation for serving as the front, the Tribe was paid 4.5% of the revenue

received on the loans, reimbursed all expenses, and was advanced $50,000. Id.

35. Other than the nominal fee paid to the Chippewa Cree Tribe, it otherwise had no

control over the income, expenses, or day-to-day operations of Plain Green. Ben Walsh, supra, at

3 (“Like Think Cash before it, Plain Green makes small, short-term, high-interest loans to people

all over the country who have no other source of credit. Although the company is nominally owned

by the Chippewa Cree, the tribe has little actual involvement in its operations and receives a tiny

fraction of the revenue generated by the business.”).

36. Shortly after entering into the rent-a-tribe arrangement with the Chippewa Cree

Tribe, Rees contacted the Otoe-Missouria Tribe in Oklahoma, who agreed to participate in the

lending scheme and formed Great Plains.

37. Upon information and belief, the Great Plains enterprise is virtually identical to the

structure of Plain Green.

38. Thus, although Plain Green and Great Plains held themselves out as the actual

lenders of these internet payday loans, Rees and the Affiliated Companies marketed, funded,

collected the loans, and controlled the day-to-day operations and major business decisions of Plain

Green and Great Plains.

39. Upon information and belief, tribal members do not participate in the day-to-day

operations of Plain Green or Great Plains and nearly all the activities associated with these

companies occurred off the tribal reservations, such as the call centers, payment processing, and

servicing of the loans.


10

40. Most, if not all, activities performed in connection with these loans are performed

by third parties who were not members of the Tribes or located on the reservations—often located

in Georgia, Pennsylvania, and Texas. Ben Walsh, supra note 3, at 10.

41. Indeed, the Plain Green Loan Agreement expressly instructs consumers to “mail

each payment payable to Plain Green, LLC, Payment Processing, PO Box 42560, Philadelphia,

PA 19101.” (Jan. 6, 2016 Loan Agreement, attached as Ex. 2).

42. Similarly, Great Plains’ website instructs consumers to send payments to “PO Box

42906, Philadelphia, PA 19101.” 6

43. Despite representations in the loan agreements that Plain Green and Great Plains

were “wholly owned” and operated by the Tribes, Rees and the Affiliated Companies were the de

facto owners and controlled the operations of the Plain Green and Great Plains.

44. Upon information and belief, the money loaned to Plaintiffs was transferred from a

bank account owned and operated or controlled by Think Finance and Rees even though Plain

Green and Great Plains concealed this information from consumers.

45. Furthermore, neither Plain Green nor Great Plains ever accepted consumer

payments after the loan agreement was executed.

46. Rather, all payments went to GPLS—a Cayman company owned by Rees and

others in order to avoid liability. GPLS then kicked back, at most, the 4.5% flat fee to the Tribes,

but, upon information and belief, most of this money was siphoned for the personal benefit of

certain tribal members, like Rosette, Morsette, and Eastlick.

6 Great Plains, Contact Us, https://www.greatplainslending.com/about/contact-us (last visited July 10, 2017).


11

47. Additionally, Tailwind Marketing, LLC—another company owned by Rees—also

handled the lead generation used to identify and solicit potential consumers.7

48. Upon information and belief, pursuant to a Marketing Agreement, Tailwind

Marketing handled the online and other advertisements for Plain Green and Great Plains.

49. Similarly, pursuant to a Servicing Agreement, TC Decision Sciences—another

company owned by Rees—participated in the enterprises as the website operator and software

administrator for Plain Green and Great Plains.

50. As part of this role, TC Decision Sciences also handled customer service

responsibilities, such as communications with consumers under the guise of Plain Green and Great

Plains.

51. Upon information and belief, TC Decision Sciences received $5 a month for each

active account with Plain Green and Great Plains, and, again, this money ended up back in the

pocket of Rees through his ownership interest in TC Decision Sciences.

52. In the past few years, federal regulators have begun cracking down on rent-a-tribe

arrangements.

53. For example, the Attorney General for the Commonwealth of Pennsylvania brought

an enforcement action against Rees and most of the entities named herein. Pennsylvania v. Think

Fin., Inc., 2016 WL 183289, at *1 (E.D. Pa. Jan. 14, 2016) (denying Rees, Think Finance, and

7 In order to find potential customers, internet lenders pay companies known as “lead generators,” which are businesses

that collect information on potential consumers to solicit for high-interest loans. Pew Charitable Trust, Fraud and

Abuse Online: Harmful Practices in Internet Payday Lending (Oct. 2014),

http://www.pewtrusts.org/~/media/assets/2014/10/payday-lending-report/fraud_and_abuse_online_harmful_prac-

tices_in_internet_payday_lending.pdf. Lead generators pay high fees to several sources, such as consumer reporting

agencies, to acquire borrower information to determine whether a consumer has ever applied or received an internet

loan or whether a consumer may be in need or qualify for an additional loan. Id.


12

other defendants’ motion to dismiss alleged violations of Pennsylvania and federal laws

prohibiting usurious and illegal lending practices).

54. The Pennsylvania Attorney General is not alone in its attention to this unlawful

business model. For example, the United States Attorney for the Southern District of New York

has indicted Scott Tucker and Timothy Muir, competitors of Defendants, for engaging in exactly

the same unlawful-lending “rent a tribe” and collection practices alleged herein.

55. The Tucker indictment, which sets out a strikingly similar set of facts, includes: (1)

Mr. Tucker, through the use of shell companies, personally lent money to thousands of consumers

through payday loans; (2) Tucker personally controlled virtually every aspect of the operations of

these sham entities; (3) these sham entities shared employees, computer systems, and “other

operating costs and infrastructure of a single lending business”; and (4) Mr. Muir acted as general

counsel for one of the Tucker entities. United States v. Tucker, Case No. 16-crim-091 (S.D. N.Y.

Feb. 9, 2016) (Dkt. 1 at ¶¶ 1–3.)

56. For example, the indictment explains:

In truth and in fact, as SCOTT TUCKER and TIMOTHY MUIR, the defendants,

well knew, while TUCKER and MUIR took steps to create the sham appearance of

tribal ownership and control of the Tucker Payday Lenders, Tribes 1–3 played no

substantive role in the ownership or operation of the Tucker Payday Lenders at any

time. To create the sham appearance of ownership, TUCKER assigned nominal

ownership of the Tucker Payday Lenders to Tribes 1-3 (that is, Ameriloan, United

Cash Loans, US Fast Cash, Advantage Cash Services and Star Cash Processing

were assigned to Tribe 1, One Click Cash was assigned to Tribe 2, and 500 Fast

Cash was assigned to Tribe 3), and from time to time caused Tribes 1-3 to appear

as the businesses’ owners on certain corporate and financial documents. However,

in truth and in fact, at all relevant times, and as TUCKER and MUIR well knew,

Tribes 1-3 had no power to make any decisions on behalf of any of the Tucker

Payday Lenders, no control over the income or expenses of any of the Tucker

Payday Lenders, and no entitlement to the Tucker Payday Lenders’ profits.

Similarly, to create the sham appearance that Tribes 1–3 not only owned, but

operated, the Tucker Payday Lenders, SCOTT TUCKER, the defendant, caused

members of two of the tribes (Tribe 1 and Tribe 2) to have a tribal member press a

key on a computer on a daily basis on tribal lands to purportedly “approve” the


13

extension of credit on hundreds or thousands of loans that the Tucker Payday

Lenders, through their approximately 600 employees in Kansas, had in fact already

approved and agreed to provide to customers. TUCKER did not require a third tribe

that purportedly owned and operated one of the Tucker Payday Lenders (Tribe 3)

to engage in this sham participation in the operations of his business at all.

Id. at ¶¶ 23-24.

57. Just like the Tucker defendants, Plain Green and Great Plains’ business relationship

with the Tribes was nothing more than an attempt to shield non-tribal members’ illegitimate

businesses.

C. Defendants’ Loans Charged Interest in Violation of Va. Code § 6.2-1541 and RICO.

58. Defendants, together with other members of the Enterprise and individuals not yet

known to Plaintiffs, marketed, initiated, and collected usurious loans in Virginia.

59. Plaintiffs obtained loans in the amounts ranging from $300-$3,000 from

Defendants.

60. All loans offered by Defendants through Plain Green and Great Plains contained

interest rates from 118% to 448%, if not higher.

61. For example, Gibbs’ interest rate was 277.92%, and Williams’ interest rate was

247.88%. (Ex. 2; Oct. 5, 2016 Loan Agreement, attached as Ex. 3).

62. Absent several exceptions, Va. Code § 6.2-1541 prohibits any person from making

such loans to Virginians in excess of 12% APR unless that company has obtained a consumer

finance license from the Commission. See Va. Code § 6.2-1501.

63. Neither Defendants had a consumer finance license when they made the loans to

Plaintiffs; nor did they ever attempted to obtain such a license.

64. Under Va. Code § 6.2-1541(A), if a lender was not exempt from the provisions of

those statutes and had not obtained a consumer finance license, yet nonetheless contracted to make

a consumer loan and charged, contracted for, or received, interest, or other compensation in excess


14

of 12% per year, then the loan is null and void, and the lender is not able to collect, obtain, or

receive any principal, interest, or charges on the loan.

65. Accordingly, Defendants’ loans were null and void, and it was unlawful for

Defendants or any of their affiliated entities to collect or receive any principal, interest, or charges

on the loans, including the amounts paid by Plaintiffs.

66. Defendants received no less than $566.82 from Ms. Gibbs as a result of her illegal

loan—most of which Defendants credited as payment for interest or other fees.

67. Defendants received no less than $15,399.04 from Ms. Edwards as a result of her

illegal loans—most of which Defendants credited as payment for interest or other fees.

68. Defendants received no less than $1,774.56 from Ms. Williams as a result of her

illegal loan—most of which Defendants credited as payment for interest or other fees.

69. Defendants received no less than $1,764.56 from Mr. Mwethuku as a result of his

illegal loan—most of which Defendants credited as payment for interest or other fees.

70. Defendants received no less than $1,048.53 from Mr. Inscho as a result of his illegal

loan—most of which Defendants credited as payment for interest or other fees.

71. Pursuant to Va. Code § 6.2-305(A), Plaintiffs and the class members are entitled to

twice the total amount of interest paid on these loans.

72. Defendants’ conduct also violated § 1962(c) of RICO, which prohibits the

“collection of unlawful debt.” 18 U.S.C. § 1962(c).

73. RICO defines “unlawful debt” as a debt that was incurred in connection with “the

business of lending money or a thing of value at a rate usurious under State or Federal law, where

the usurious rate is at least twice the enforceable rate.” 18 U.S.C. § 1961(6).


15

74. Defendants charged an interest rate far in excess of the enforceable rate established

by Va. Code § 6.2-1541(A), and, thus, Defendants violated RICO’s prohibition against the

collection of unlawful debt.

75. As a result of Defendants’ participation in the Enterprise and violations of RICO,

Defendants are jointly and severally liable to Plaintiffs and the putative class members for their

actual damages, treble damages, costs, and attorneys’ fees pursuant to 18 U.S.C. § 1964(c).

D. Defendants’ Choice-of-Law and Arbitration Provisions Are Unenforceable.

76. In order to qualify for Defendants’ loan product, consumers were required to

electronically sign a form contract entitled “Plain Green Installment Loan Agreement” or “Great

Plains Installment Loan Agreement.”

77. Defendants’ loan agreements contain unconscionable and unenforceable choice-of-

law and arbitration provisions that seek to disclaim all federal and state laws in favor of tribal law.

78. In particular, Plain Green’s Agreement provides:

Plain Green’s inclusion of these disclosures does not mean that Plain Green

consents to the application of state or federal law to Plain Green, the Loan, or this

Agreement.

…

This Agreement and the Agreement to Arbitrate are governed by Tribal Law. The

Agreement to Arbitrate also comprehends the application of the Federal Arbitration

Act, as provided below. Plain Green does not have a presence in Montana or any

other state of the United States of America. Neither this Agreement nor the Plain

Green is subject to the laws of any state of the United States. Plain Green may

voluntarily use certain federal laws as guidelines for the provision of services. Such

voluntary use does not represent acquiescence of the Chippewa Cree Tribe to any

federal law unless found expressly applicable to the operations of the Chippewa

Cree Tribe.

(Ex. 2 at 6).

79. Great Plains’ Loan Agreements contain similar provisions indicating:


16

This Agreement and the Agreement to Arbitrate are governed by Tribal Law and

such federal law as is applicable under the Indian Commerce Clause of the

Constitution of the United States of America. We do not have a presence in

Oklahoma or any other state of the United States of America. Neither this

Agreement nor the Lender is subject to the laws of any state of the United States.

The Lender may choose to voluntarily use certain federal laws as guidelines for the

provision of services. Such voluntary use does not represent acquiescence of the

Otoe-Missouria Tribe to any federal law unless found expressly applicable to the

operations of the Otoe-Missouria Tribe.

(Ex. 3 at 7).

80. Just like the defendants in Hayes, Defendants attempted to avoid federal and state

laws through the use of unconscionable and unenforceable choice-of-law and arbitration

provisions.

81. In finding a nearly identical provisions unenforceable in Hayes, the Fourth Circuit

explained, “We recognize that the FAA establishes a ‘liberal policy favoring arbitration

agreements.’ But rather than use arbitration as a just and efficient means of dispute resolution, [the

defendant] seeks to deploy it to avoid state and federal law and to game the entire system.” Hayes,

811 F.3d at 676 (internal citations omitted).

82. Over a year later, the Fourth Circuit reaffirmed the Hayes decision in a case

involving a Great Plains Loan Agreement. Dillon, 2017 WL 1903475, at *4.

83. In doing so, the Fourth Circuit held that Great Plains’ choice of law and arbitration

provisions were “not distinguishable in substance from the related provisions” in Hayes, and it

found that the agreement was “an unambiguous attempt to apply tribal law to the exclusion of

federal and state law.” Id. (emphasis in original). Accordingly, the Fourth Circuit held “that the

arbitration agreement between Dillon and Great Plains [was] unenforceable . . . .” Id. at 1. 8

8 The plaintiff in Dillon was a North Carolina consumer who commenced a case against BMO Harris and several other

financial institutions who facilitated the “collection of unlawful debts” through the electronic transfer of funds between

financial institutions. Dillon, 2017 WL 1903475 at *1. Dillon did not seek any relief on behalf of Virginia consumer

or against Rees, Think Finance, Think Finance SPV, Tailwind Marketing, TC Decisions, or GPLS.


17

84. Accordingly, Plaintiffs request the Court to enter a declaratory judgment that the

governing law and arbitration provisions are unenforceable as to Virginia consumers.

85. Plaintiffs further request the Court to enter an injunction prohibiting Defendants

from collecting any amounts from Virginia consumers in connection with the loans, requiring

Defendants to provide notice to consumers that the loans are unenforceable, and requiring

Defendants to delete any derogatory reporting on tradelines to the credit bureaus or other consumer

reporting agencies.

COUNT ONE:

VIOLATIONS OF RICO, 18 U.S.C. § 1962(c)

(CLASS CLAIM AGAINST ALL DEFENDANTS)

86. Plaintiffs restate each of the allegations in the preceding paragraphs as if set forth

at length herein.

87. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Plaintiffs bring this

action for themselves and on behalf of a class—the “Virginia RICO Class”—initially defined as:

All Virginia residents who executed a loan with Plain Green or Great Plains where

the loan was originated and/or any payment was made on or after July 12, 2013.

Plaintiffs are members of the Virginia RICO Class.

88. Numerosity. Fed. R. Civ. P 23(a)(1). Upon information and belief and as reflected

by the profits generated by Defendants, Plaintiffs allege that the class members are so numerous

that joinder of all is impractical. The names and addresses of the class members are identifiable

through the internal business records maintained by Defendants, and the class members may be

notified of the pendency of this action by published and/or mailed notice.

89. Predominance of Common Questions of Law and Fact. Fed. R. Civ. P. 23(a)(2).

Common questions of law and fact exist as to all members of the putative class, and there are no

factual or legal issues that differ between the putative class members. These common questions


18

predominate over the questions affecting only individual class members. The common questions

include: (1) whether the Plain Green and Great Plains participated in an enterprise under RICO;

(2) whether the loans violated Va. Code § 6.2-1501 because the interest rates were too high; and

(3) what is the proper recovery for Plaintiffs and the class members against each defendant.

90. Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiffs’ claims are typical of the claims of

each putative class member. Plaintiffs are entitled to relief under the same causes of action as the

other members of the putative class. Additionally, Plaintiffs’ claims are based on the same facts

and legal theories as each of the class members.

91. Adequacy of Representation. Fed. R. Civ. P. 23(a)(4). Plaintiffs are adequate

representatives of the putative class because their interests coincide with, and are not antagonistic

to, the interests of the members of the class that they seek to represent. Plaintiffs have retained

counsel competent and experienced in such litigation, and they intend to continue to prosecute the

action vigorously. Plaintiffs and their counsel will fairly and adequately protect the interests of the

members of the class. Neither Plaintiffs nor their counsel have any interests that might cause them

to not vigorously pursue this action.

92. Superiority. Fed. R. Civ. P. 23(b)(3). Questions of law and fact common to the

class members predominate over questions affecting only individual members, and a class action

is superior to other available methods for fair and efficient adjudication of the controversy. The

damages sought by each member are such that individual prosecution would prove burdensome

and expensive. It would be virtually impossible for members of the class individually to effectively

redress the wrongs done to them. Even if the members of the class themselves could afford such

individual litigation, it would be an unnecessary burden on the Courts. Furthermore, individualized

litigation presents a potential for inconsistent or contradictory judgments and increases the delay


19

and expense to all parties and to the court system presented by the legal and factual issues raised

by Defendants’ conduct. By contrast, the class action device will result in substantial benefits to

the litigants and the Court by allowing the Court to resolve numerous individual claims based upon

a single set of proof in a case.

93. Injunctive Relief Appropriate for the Class. Fed. R. Civ. P. 23(b)(2). Class

certification is appropriate because Defendants have acted on grounds generally applicable to the

class, making appropriate equitable, injunctive relief with respect to Plaintiffs and the class

members. Plaintiff and the putative class seek an injunction ordering Defendants to divest

themselves of any interest in any enterprise pled herein, including the receipt of racketeering

profits; prohibiting Defendants from continuing to engage in any enterprise pled herein; and

ordering the dissolution of each Defendant that has engaged in any enterprise pled herein.

94. As alleged above, Defendants, along with other participants not yet known to

Plaintiffs, violated § 1962(c) of RICO through the “collection of unlawful debt.” 18 U.S.C. §

1962(c).

95. RICO defines “unlawful debt” as a debt which was incurred in connection with “the

business of lending money or a thing of value at a rate usurious under State or Federal law, where

the usurious rate is at least twice the enforceable rate.” 18 U.S.C. § 1961(6).

96. All of the loans made to Virginia residents and collected by Defendants included

an interest rate far in excess of twice the enforceable rate in Virginia.

97. This conduct began sometime as early as 2011, continues to date, and will be

repeated again and again in the future to the detriment of Virginia consumers.


20

98. Plaintiffs and the class members were injured as a result of Defendants’ violations

of 18 U.S.C. § 1962(c) and are entitled to treble their actual damages, which would include any

interest, fees, or other sums collected by Defendants.

COUNT TWO:

VIOLATIONS OF RICO, 18 U.S.C. § 1962(d)



at length herein.


action for themselves and on behalf of a class, initially defined as:

All Virginia residents who executed a loan with Plain Green or Great Plains where

the loan was originated and/or any payment was made on or after July 12, 2013.

101. Numerosity. Fed. R. Civ. P 23(a)(1). Upon information and belief, Plaintiffs

allege that the class members are so numerous that joinder of all is impractical. The names and

addresses of the class members are identifiable through the internal business records maintained

by Defendants, and the class members may be notified of the pendency of this action by published

and/or mailed notice.



factual or legal issues that differ between the putative class members. These questions predominate

over the questions affecting only individual class members.


each putative class member. In addition, Plaintiffs are entitled to relief under the same causes of

action as the other members of the putative class. All are based on the same facts and legal theories.


21



to, the interests of the members of the class they seek to represent; they have retained counsel

competent and experienced in such litigation; and they have and intend to continue to prosecute

the action vigorously. Plaintiffs and their counsel will fairly and adequately protect the interests of

the members of the class. Neither Plaintiffs nor their counsel have any interests which might cause

them not to vigorously pursue this action.

105. Injunctive Relief Appropriate for the Class. Fed. R. Civ. P. 23(b)(2). Class

certification is appropriate because Defendants acted on grounds generally applicable to the class,

making appropriate equitable, injunctive relief with respect to Plaintiffs and the class members.

Plaintiffs and the putative class seek an injunction ordering Defendants to divest themselves of

any interest in the enterprise pled herein, including the receipt of racketeering profits; prohibiting

Defendants from continuing to engage in the enterprise; and ordering the dissolution of each

Defendant that has engaged in the enterprise.

106. As alleged above, Defendants, along with other participants not yet known to

Plaintiffs, violated § 1962(d) of RICO by entering into a series of agreements to violate § 1962(c),

including the Term Sheet between the Chippewa Cree Tribe, Think Finance, GPLS and the

contracts related to the services performed by Tailwind Marketing and TC Decision Sciences as

part of their roles in the enterprise.

107. As a result of Defendants’ participation in the enterprise and violations of RICO,

Defendants are jointly and severally liable to Plaintiffs and the putative class members for their

actual damages, treble damages, costs, and attorney’s fees pursuant to 18 U.S.C. § 1964(c).


22

COUNT THREE:

VIOLATIONS OF VIRGINIA USURY LAWS



at length herein.


action for themselves and on behalf of a class initially defined as follows:

Virginia Usury Class: All Virginia residents who executed a loan with Plain Green

or Great Plains where any interest was paid.

Virginia Usury Subclass: All Virginia residents who executed a loan with Plain

Green or Great Plains where any interest was paid on or after July 12, 2015.






111. Based on the estimated size of the class and the volume of loans offered by

Defendants, Plaintiffs believe that the amount in controversy easily exceeds $5 million when

considering the amounts repaid by Virginia borrowers, as well as the amount of outstanding debt

that will be cancelled as part of the relief sought in this lawsuit. Settlements involving similar tribal

lending enterprises have far exceeded $5 million, including a settlement recently approved by this

Court. See, e.g., Hayes v. Delbert Servs. Corp., Preliminary Approval Order, 3:14-cv-00258-JAG,

Doc 193 (Jan. 30, 2017) (granting preliminary approval of a class action settlement that included

$9.43 million in compensation and forgiving $5.9 million in outstanding debt)

https://secure.dahladmin.com/VACASH/content/documents/PreliminaryApprovalOrder.pdf;

Press Release, Office of Att’y Gen., Ga., Attorney General Chris Carr Announces $40 Million Plus


23

Settlement with Online Payday Lender (Feb. 8, 2017), https://law.georgia.gov/press-

releases/2017-02-08/attorney-general-chris-carr-announces-40million-plus-settlement-online

($23.5 million in compensation, $17 million in loan forgiveness, $1 million civil penalty, and

$500,00 attorney’s fees and costs).9




over the questions affecting only individual class members. The principal issues include: (1)

whether the loans made by Defendants violated Virginia Code Section § 6.2-1501 because their

interest levels were too high and (2) what is the proper recovery for Plaintiffs and the class

members against each defendant.



action as the other members of the putative class. All claims are based on the same facts and legal

theories.



to, the interests of the members of the class they seek to represent. Plaintiffs have retained counsel

competent and experienced in such litigation, and they intend to continue to prosecute the action

9 See also News Release, Attorney Gen. Pam Bondi, Fl., Attorney General Bondi and OFR Reach Multimillion Dollar

Settlements with Online Lender (Jan. 12, 2017), http://myfloridalegal.com/__8525622-

20065EE67.nsf/0/2F836464563D0EB5852580A600709370?Open&Highlight=0,western,sky ($11 million in

compensation, $15 million in loan forgiveness, $500,000 civil penalty, $500,000 administrative fine, and $250,000

for costs); Internet Lender CashCall, Inc. Barred from Doing Business in Minnesota, Minn. Att’y Gen. Lori Swanson,

https://www.ag.state.mn.us/Office/PressRelease/20160819InternetLender.asp (last visited May 24, 2017) ($11.7

million in monetary relief including a $4.5 million restitution fund).


24

vigorously. Plaintiffs and their counsel will fairly and adequately protect the interests of the











and expense to all parties and to the court system because of the legal and factual issues raised by

Defendants’ conduct. By contrast, the class action device will result in substantial benefits to the

litigants and the Court by allowing the Court to resolve numerous individual claims based upon a

single set of proof in a case.

116. All of the loans made by Defendants to Virginia consumers used an interest rate

greater than 12% and none of the exceptions to Va. Code § 6.2-303 apply.

117. Accordingly, Plaintiffs and the class Members are entitled to recover from

Defendants an amount equal to the total amount of interest paid in excess of 12% plus twice the

amount of such usurious interest that was paid in the two years preceding the filing of this action

and their attorney’s fees and costs. Va. Code § 6.2-305(A).


25

COUNT FOUR:

DECLARATORY JUDGMENT



at length herein.


action for themselves and on behalf of a class and subclass initially defined as follows:

Declaratory Judgment Class: All persons who: (1) executed a loan with Plain

Green or Great Plains (2) when they resided or were located in Virginia, (3) which

contained a choice-of-law provision, arbitration provision, or forum selection

clause similar or identical to Plaintiffs.

Plaintiffs are members of the Declaratory Judgment Class.









over the questions affecting only individual class members. The principal issues include whether

the choice-of-law and arbitration provisions in Defendants’ loan agreements are enforceable.



action as the other members of the putative class. All are based on the same facts and legal theories.


26


representatives of the putative class, because their interests coincide with, and are not antagonistic

to, the interests of the members of the class they seek to represent; they have retained counsel

competent and experienced in such litigation; and they have and intend to continue to prosecute

the action vigorously. Plaintiffs and their counsel will fairly and adequately protect the interests of

the members of the class. Neither Plaintiffs nor their counsel have any interests which might cause

them not to vigorously pursue this action.



is superior to other available methods for fair and efficient adjudication of the controversy.

Litigating the validity and enforceability of each loan agreement would prove burdensome and

expensive. It would be virtually impossible for members of the class individually to effectively




and expense to all parties and to the court system presented by the legal and factual issues raised

by Defendants’ conduct. By contrast, the class action device will result in substantial benefits to

the litigants and the Court by allowing the Court to resolve numerous individual claims based upon

a single set of proof in a case.

125. Defendants’ loan agreements contain unconscionable choice of law and arbitration

provisions that are void and unenforceable for public policy concerns.


27

126. The dispute and controversy is a justiciable matter that is not speculative, and a

resolution by this court will determine the rights and interests of the parties to the Loan Agreements

as well as the validity, if any, of the choice of law, forum-selection, and arbitration provisions

127. Pursuant to 28 U.S.C. § 2201, there is an actual justiciable controversy, and a

declaratory judgment is the appropriate mechanism for resolving the validity and enforceability of

the loan agreements.

128. Accordingly, Plaintiffs, on behalf of themselves and all others similarly situated,

seek a declaratory judgment that the choice of law and arbitration provisions are void and

unenforceable as a matter of public policy.

COUNT FIVE:

UNJUST ENRICHMENT



at length herein.


action for themselves and on behalf of a class—the “Virginia Unjust Enrichment Class”—initially

defined as follows:

Virginia Unjust Enrichment Class: All Virginia residents who executed a loan

with Plain Green or Great Plains where any amount of principal, interest, fees, or

other charges were repaid.







28

132. Based on the estimated size of the class and the volume of loans offered by

Defendants, Plaintiffs believe that the amount in controversy easily exceeds $5 million when

considering the amounts repaid by Virginia borrowers, as well as the amount of outstanding debt

that will be cancelled as part of the relief sought in this lawsuit. Settlements involving similar tribal

lending enterprises have far exceeded $5 million, including a settlement recently approved by this

Court. See, e.g., Hayes v. Delbert Servs. Corp., Preliminary Approval Order, 3:14-cv-00258-JAG,

Doc 193 (Jan. 30, 2017) https://secure.dahladmin.com/VACASH/content/docu-

ments/PreliminaryApprovalOrder.pdf (granting preliminary approval of a class action settlement

that included $9.43 million in compensation and forgiving $5.9 million in outstanding debt); Press

Release, Office of Att’y Gen., Ga., Attorney General Chris Carr Announces $40 Million Plus

Settlement with Online Payday Lender (Feb. 8, 2017), https://law.georgia.gov/press-

releases/2017-02-08/attorney-general-chris-carr-announces-40million-plus-settlement-online

($23.5 million in compensation, $17 million in loan forgiveness, $1 million civil penalty, and

$500,00 attorney’s fees and costs).

133. Predominance of Common Questions of Law and Fact. Fed. R. Civ. P.

23(a)(2). Common questions of law and fact exist as to all members of the putative class, and there

are no factual or legal issues that differ between the putative class members. These questions

predominate over the questions affecting only individual class members. The principal issues

include: (1) whether Plaintiffs and the class members conferred a benefit on Defendants; (2)

whether Defendants knew or should have known of the benefit; (3) whether Defendants retained

an unjust benefit because the loan was void; and (4) what is the proper recovery for Plaintiffs and

the class members against each of Defendants.


29



action as the other members of the putative class. All claims are based on the same facts and legal

theories.



to, the interests of the members of the class they seek to represent. Plaintiffs have retained counsel

competent and experienced in such litigation, and they intend to continue to prosecute the action

vigorously. Plaintiffs and their counsel will fairly and adequately protect the interests of the











and expense to all parties and to the court system because of the legal and factual issues raised by

Defendants’ conduct. By contrast, the class action device will result in substantial benefits to the

litigants and the Court by allowing the Court to resolve numerous individual claims based upon a

single set of proof in a case.


30

137. All of the loans made by Defendants to Virginia consumers were void and

unenforceable.

138. Plaintiffs conferred a benefit on Defendants when they repaid the void loans;

Defendants knew or should have known of the benefit; and Defendants have been unjustly

enriched through their receipt of any amounts in connection with the unlawful loans.

139. Accordingly, Plaintiffs seek to recover from Defendants, jointly and severally, all

amounts repaid on any loans with Plain Green and Great Plains.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request that the Court enter judgment on behalf of themselves

and the class they seek to represent against Defendants for:

A. Certification for this matter to proceed as a class action;

B. Declaratory, injunctive, and damages relief as pled herein;

C. Attorney’s fees, litigation expenses, and costs of suit; and

D. Such other or further relief as the Court deems proper.

TRIAL BY JURY IS DEMANDED

Respectfully submitted,

PLAINTIFFS

By: /s/ Kristi C. Kelly

Kristi C. Kelly, Esq., VSB #72791

Andrew J. Guzzo, Esq., VSB #82170

KELLY & CRANDALL, PLC

3925 Chain Bridge Road, Suite 202

Fairfax, VA 22030

(703) 424-7572

(703) 591-0167 Facsimile

Email: [email protected]


Leonard A. Bennett, Esq., VSB #37523

Craig C. Marchiando, Esq., VSB #89736

Elizabeth W. Hanes, Esq., VSB #75574


31

CONSUMER LITIGATION ASSOCIATES, P.C.

763 J. Clyde Morris Blvd., Ste. 1-A

Newport News, VA 23601

Telephone: (757) 930-3660

Facsimile: (757) 930-3662




James W. Speer, VSB#23046

VIRGINIA POVERTY LAW CENTER

919 E. Main Street, Suite 610

Richmond, VA 23219

(804) 782-9430

(804) 649-0974


Counsel for Plaintiffs


mailto:[email protected]

nbrown

Typewritten Text

nbrown

Typewritten Text

Term Sheet For Think Finance--Chippewa Cree Transaction

~

Chippewa Cree Tribe of the Rocky Boy's Indian Reservation, Montan~ or its Tribal eality to be known as '1Plain Green, LLC'' ("Tribe")

Think Finance, Inc. (11TF")

Haynes Investments, Inc. its successors and assigns ("Haynes'')

GPL Servicing Ltd, a Cayman Islands company (11GPLS")

Twsa&tiou

TF will license its software to the Tribe pursuant to a software license agreement acceptable to the parties. TF will aJso provide risk management, application processing1

underwriting assistance, payment processing, ~nd ongoing customer service support cotenninous with the ·software license agreement wid market and/or identify access channels for consumer loans on the Tribe's behalf (jointly IC Services").

The Tribe will adopt a finance code that is acceptable to all parties and provide for the Jicensins of an arm of the tribe to engage in consumer lending. The Tribe wi11 also obtain a computer server and develop a call center to run the software provided by TF and to enable the Tribe to provide ca11 center services to cust.orners.

The Tribe will implement underwriting criteria to approve loans that it decides to offer to consumers on a nationwide basis through the internet. TI1e initial product will be an installment loan with a. maximum amount of $2,500 and a minimum repayment period of two months and a maximwn repayment tcan of two years (a "Loanu). Interest rates on the loans will vary from an APR of 60% to 360% based u_pon the repayment history of the borrower and tenn <>f the loan. The Tribe wi11 develop documentation for the lending process including an applies.ti~ a loan agreement, an adverse action lettert and other related docwnents that comply with the federal consumer credit code including the Truth m Lending Act, the Equal Credit Opportunity Act, and tbe Efectronic Funds Transfer Act. The Tribe will enter into an agreement with a U.S. bank to process Joan transactions using the ACH system and wHl also develop the capability to ,process remote checks. ·

Haynes will arrange to provide fundhlg to the Tribe to enable it to make each of the Loans. 'IF shall agree that the services provided by Haynes are exclusive as they relate to the Tribe and they shaJ1 not enter into any other relationship with the Tribe except as described herein.

UIJ9$0209 v&

Case 3:17-cv-00495-MHL Document 1-1 Filed 07/11/17 Page 1 of 5 PageID# 32

GPLS may from ti.me to time purchase participation interests in each Loan that meets agreed upon criteria wiiliin two business days of the funding of the Loan at 100% par value.

Mechanics

The Tribe sha11 establish an account at a U.S. financial institution that will enable it to fund loans made and to reveive payments from customers on each business day. Haynes shall fund an account at such institution with sufficient monies to fund one business day of Loans based upon average Loan volumes for the preceding month.

fulaerve Account

The Tribe shall establish a reserve accow1t at a U.S. finauoial Institution W1der the control of its Jaw firm that will be available solely to deal with any regulatory issues, lawsuits or other controversies involving the Tribe and its lending activities. Such reserve account shalI be funded by Tribe and TF equally out of the income earned from the Loans until the account has a balance of not Jess than $50,000 which amount shall be replenished from time to time to the extent it is drawn upon.

Revenues

GPLS sh.all pay the Tribe 4.5% of cash revenue received on account of the Loans fot which GPLS has acquired a participation interest each month and will advance to the Tribe es a prepayment on revenue, $50,000 each month for the first six months or until such time that the amount received exceeds $50,000. Additionally, the Tribe will be reimbursed for all out-ofpocket expenses.

GPLS shall pay a fee to Haynes eqnal to 1 % of the ~ revenue received on account of the Loans for which GPLS has acquired a participation interest each month.

For the 1 % of the loan portfolio retained by the Tribe, the Tribe will receive 100% of the cash revenue minus 100% of the losses.

Other Matters

TF commits that it will train and utilize not less than l 0 members of the Tribe as customer ser\lice representatives on the Ttibe1s reservation with.in nine months after lending activity has begun.

fl39J0209 v&


The Tribe commits that it wiJJ use its best efforts to have completed the foJJowfog critical path items within the next 14 days:

I. Establish "Plain Green, LLC" (or an entity with some other agreed upon name) 2. Revise the Tribal Credit Transaction Code to provide for a broader may of lending

products 3. Obtaln a license pursuant to the Chippewa Cree Tribal Credit Transactiott Code if

required 4. Setup bank account for "Plain Green, LLC11

5. Setup ACH processing for "Plain Green, LLC" 6. Get SSL for URL 7. Obtain 2 separate originating and servicing addresses for Plafn Green, LLC and GPLS.

Legal Re.nresentation

Pepper Hamilton LLP ("Pepper') and Jones & Keller, PC ("J&K11)'

1 she.II be counsel to the Tribe. All fees of Pepper (including a success fee) shall be paid by TF at the dosing of the transaction (and wiJI pay the fees in the event the transaction does not close), plus reimbursement for all costs.

J&K shall be paid as follows: an amount of $20~000 shall be wired by TF or Haynes to J&K's trust account on Thursday, March 10, 201 J which shall be applied by J&K in payment for all legal work performed by J&K (but not expense disbursements, if any, which shall be separately billed to TF or Haynes) during the week ending on March 18, 2011, and an additional amount of $7,500 shall be wired by Haynes to J&K1s trust account which shall be applied by J&K jn payment for all legal work perfonned by J&K provided that all action by the Tribe or on behalf of the Tribe that Is necessacy to complete the items contemplated above for the Tribe to complete have been accomplished in all material respects by March 18, 2011.

In addition to the above legal fees, an amount of $50,000 for the payment of other tribal legal and professional fees, as wetJ as set up, administration, travel, and supplies shall be wired by TF or Haynes to J&K's trust account on Thursday, March 10, 2011 which shall be transferred by J&K (1) to the Tribe or as direct.ed by the Tribe or by the B0atd of Directors of the tribal entity known es Plain Green. LLC provided that all action by the Tribe or on behalf of the Tribe that is necessary to complete the items contemplated above for the Tribe to complete have been accompJished in all material respects by March 18, 2011, or otherwise at the direction of the Tribe (2) to Haynes as directed by Steven Haynes.

This tenn sheet does not set forth all the terms and conditions of the transaction described herein. Rather, it is only att outline, in summary format, of major points of understanding, which will form the basis of the definitive documentation.

-3-


Except for obligations in respect of the "Legal Representation" paragraph above, in this paragraph lltld in the immediately succeeding paragraph, this term sheet js not, and shall not be deemed to be, a binding agreement by any of the parties hereto to consummate the transaction described herein. Such agreement will ar.ise only upon the execution and delivery by the parties hereto of definitive doomnentation satisfactory in form and substance to each of the parties and the fulfilbnent, to the satisfaction of the parties, of the conditions precedent set forth herein and in such definitive docwncntation. In the event the 1ransaction described herein sh al I not have been consummated on or before the day that is days after the date of this executed term shee4 this tenn sheet shall automatically tenninate on such 45tn day (unless extended in writing by the parties).

This tcnn sheet and the terms set forth herein are confidential, and none of the parties shall disclose the terms of this term sheet; or the fact that negotiations amongst the pnrties are ongoing) to any third party, including, without limitation, any other source of potential financing for the transaction described h.erein; provided, that the parties may pl'OVide a copy of this term sheet to their attorneys Wld fmancial advisors, in each case, for !)Se only in connection with the proposed transaction and on a confidential basis.

Agreed to by tho below signatories.

CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S INDIAN RESERVATION, MONTANA, or its Tribal entity to be known as "Plain Green,. LLC"

By:· ~~\r~ THINK FINANCE, INC.

By: ___________________ _

STI\.1ENTS, INC., its successors and a8signs

GPL SERVICING LTD., a Cayman Islwids company

Dated: March J1., 2011

~4-~ 13950209 v~


Except for obligations in respect of the "Legal Representation" paragraph above, in this paragraph·and in the immediately succeeding paragraph, this term sh~ is not, and shall not be deemed to bei a binding agreement by any of 'tho parties hcr.cto to consummate the transaction described herein. Such agr~ent wilt. arise .QnlY llpon th~ execution and delivery by the parti«'S hereto of definitive documentation satisfactory in 'form a.lid: substance to eaeh 'of '

. the parties and the :fulfillment, to the satisfaction of the parties, of the conditions preced~t.set forth herein and in such definitive documentation. In 1110 event the transaction described herein ·shall not have been consummated ori or before the day that is days after the date of this executed tonu sheet, this term sheet shall auoomaticaUy terminate on such 45 111 day (unless extended in writing by the parties).

This term sheet and the terms set forth herein are confidential, and none of the parties.shall disclose.the tcnns of this term sheet, or the fact that negotiations amongst ~o parties are ongoing; to any third party; including, without limitation, any other source of potential financing for the tl'ansaotion described herein; provided, that the parties may provide a copy of this term sheet to their attorneys and financial advisors, in each case, for ijse only in connection with the proposed tranBaction and on a confidential basis.

Agreed to by the below signatories.

CHIPPEWA CREE TRIBE OF TilE ROCKY BOY'S n-IDIAN RESERVATION, MONTANA, or its Tribal entity to be known as "Plain Green, LLC"

By: ~~~~

:.Kr;:;C·~ HA YNES INVESTMENTS, INC., its successors and assigns

By:~~~~~~~~~~~~~~~~~~~-

GPL SERVICING LTD., a Cayman Islands company

By: c~·-s.3

Dated: March JL 2011


THIS AGREEMENT SHALL NOT CONSTITUTE A "NEGOTIABLE l~)SiRUME!ff'

Plain Green C onsumer lnslallmen: Lo;:;n Agr.,ement

Loan Number: 72770294

Plrti n G<'ecn, LLG 93 Mack f~oacl, Suite 600

PO Box 270 Box Elder, Montana 5952i

(966) 420-7157

PLEA~~&AQ_THES~ . .J.M.PORJ:t.\.li~~LO§QR.ES ~AREFU LJJ.'.

l:l1G!:WlS,1~~J;;!,.Q_$J!.8.E; THIS LOAN IS NOT INTl':NDEO TO MEE.T LONG· TERM FINANCIAL NEEDS. THIS LOAN SHOULD 8E USED ONLY TO MEJ:T SHORT·TEl<M CASH NEEDS. RENEWlNG THE LOAN RATHER THAN l"AYING THE DEBT IN FUL.L WILL REQUIRE ADDITIONAL FINANCE CHARGES.

THE LENDER (HEREINAFTER REFERRED TO AS "PLAIN GREEN. LLC .. OR "PLAiN GREEN") IS THE TRIBA L GOVERNMENTAL LENDING ARM OF THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, MONTNA cHEREINAFTER REFERRED TO AS THE " TRIBE"). PLAIN GREEN IS OWNED BY THE TRIBE AND FORMED UNDER TRIBAL LAW FOR THE EXPRESS PURPOSE OF GENERATING REVENUE FOR TRIBAL GOVERNMENTAL PURPOSES, PLAIN GREEN OPERATES WITHIN THE TRIBE'S RESERVATION. BOTH THE TRIBE ANO PLAIN GREEN ARE IMMUNE FROM sun IN ANY COURl" UNLESS THE TRIS(;, THROUGH ffS TRIBAL BUSINESS COMMITTEE. EXPRESSLY WAIVES THAT IMMUNITY. WAIVER MAY ONLY BE MADE. THROUGH A FORMAL. WRITTE.N TRIBAL RESOLUTfON FROM Ti;E TRIBAL BUSINESS COMMITiEE. l'LAH.J GREEN IS REGULATED 13Y THE TRIBAL CONSUMrR PROTECTION BUR.EAU (THE "BUREf~U"). CONSUMERS HAVE TliE RIGHT TO SUBMIT COMPLAINTS TO THE BUREAU IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS SET FORTH iN mis AGREEMENT AND SUBJECr TO THE REGULATORY AUTHORITY OF THE BUREAU IN ACCORDANCE WITH TRIBAL LAW,

Lender: P1a: 11 G:~~n I.LC

Origination Data: 11612016 Th:s :s ;he da le ycu !'-i ~1 r:ed a:·1d :;ub,.niU•\'1 t1·.1t; 1\g:ei~.'Tl.:~111 lo Plam G1 ~i:?n

Disbursement Date: On or about 11£/2016

~-hiS is 1he oat~ U".at 1ti{! l .. oan pioc~twJ~ a1<.-, retH~~:~t!

Effoctive Date: 11712016 This iz tile.\ <lat<t ~hat in1ert~st begi:iS lo nccnu.:i.

f'inal ?~yme"r Duo Date: 4/212017 T l ;!s :S h\G Loc1n inati..:r!\y da~c

Bo rrower 's Naui t?.

D::irtenB Jorw:\ Gil)!);.

Borrower"s 10. . ...... 11 3'.\

Borrower's Address:

Borrower's Bank dt1d Account Number for ACH Transfers (lhe "Bnnk Ac.<:ount"):

In th is Ploin Green Consumer ln st:\llment Loan Agreement (ihis " Agreement"), " you " and "your" refer to the Borrower identi fied ~bove, " Tribal Law" m11ans ;iny tribal law or rogula tion duly enai:tod by tli e Chippewa Cree Tribe:. "Loan" 111eans the Pla in Green c<:m$uiner installment loan made by tho tribal yovernment l0nder to Borrower under this Agreenui nt.

lli.-IP 0.B:!l\fil.Q!.~.l,Q.$.!JRE OF_JJJJ;..1.~R.M .. S AN 9.i;Q!iQillQJ:!!H.>£.!l;.ll§.b.Q AN.

Tiff BORROWER EXPRESSLY CONSENTS AND AGREE THAT THIS LOAN IS MADE WITHIN THE TRlBE'S JURISOICTION AND IS SUBJECT TO AND GOVERNED BY TRIBAL LAW AND NOT THE LAW OF THE BORROWEl<'S RESIDENT STATE. THE BORROWER IS STRONGLY CAUTIONED THAT IF THE BORROWER DOES NOT UNDERSTAND THIS CONSENT, OR DOES NOT WISH TO EXPRESSLY CONSENT TO TRiBAL Jl!RISOICT!ON OR DOES NOT WISH TC HAVE THE LO.l\N GOVERENED BY LAWS OF HIE TRIBE, THEN THE BORROWER SHOULD REFRAIN FROM ACCEPTING THIS LOAN OR RESCIND THE LOAN WITHIN THE TERMS OF THIS AGREEMENT. ACCEPTING THIS LOAN SHALL BE DEEMED EXPRESS CONSENT TO TRIBAL JURISDICTION AND EXPRESS CONSENT THAT THE LOAN SHALL BE GOVERNED BY THE LAWS OF THE Tr~ISE . l'HE BORROWER'S RESIDENT STATE'S I.AW MAY KAVE INTEREST r<ATE LIMITS A l~D o rne t<

CONSUMER PROTECTION PROVISIONS THAT ARE MORE FAVORABLE TO THF.. BORROWER. IF THE BOf~ROWER WISHES TO HAVE THE BORHOWER"S RESIDENT STATE'S LAW APPLY TO ANY LOAll THAT THE: BORROWER 08TAINS.


THE BORROWER SHOULD CONSIDER OBTAINING A LOAN FROM A LICENSED LENDER !N THE BORROWER'S STATE. JN

ANY EVENT, THE SORROWER SHOULD CAREFULLY EVALUATE THE BORROWER'S FINANCIAL OPTIONS BEFORE OBTA!NJNG ANY LOAN.

PLAIN GREEN LOANS CARRY A HIGH iNTEREST RATE AND ARE NOT INTENDED TO PROV!DE A SOLUT10N FOR LONGER TERM CREDIT OR OTHER FINANCIAL.. NEEDS. ALTERNATIVE FORMS OF CREDIT MAY BE LESS EXPENSIVE

AND MORE SUITABLE FOR A BORROVVER'S FINANCIAL NEEDS.

PLEASE CONSIDER YOUH ABIUTY TO REPAY A LOAN. lF YOU ARE HAVING FINANCIAL DIFF!CULT!ES, YOU SHOULD

SEEK THE ASSISTANCE OF FlNANC!AL COUNSELORS. BEFORE SIGNING TH!S AGREEMENT, PLEASE CAREFULLY

READ ITS TERMS. YOUR SIGNATURE ANO ACCEPTANCE OF THIS LOAN WILL BE DEEMED PROOF THAT YOU HAVE

READ TH!S AGREEMENT, YOU HAVE APPROVED OF ALL OF fTS TERMS, YOU HAVE EXPRESSLY CONSENTED TO

TRIBAL JURISDlCT!ON, YOU HAVE PROVIDED THE PLAIN GREEN WITH THE MOST CURRENT AND ACCURATE

EMPLOYMENT, CREDIT, fNCOME, AND ASSET HISTORY REQUIRED FOR PLAIN GREEN TO ASSESS YOUR EUG!BILJTY

AND CREDITWORTHINESS, AND YOU AFF!RMATIVEL Y ACKNOWLEDGE THAT YOU ARE ABLE TO REPAY THIS LOAhl

ACCORDlNG TO THE TERMS OF THfS AGREEMENT.

TRUTH !N LENDING DISCLOSURES Plain Green pr0v1d·2s !i e fo!lcrh:ng Tr,1ti:-ln-L<;ndi1;g d1sclcsures so !110.t you cc::1-; cornpo:-e

:11:; cost of this Loan to other ioan products you rright oblCJin ii": the United Stal0s. Piain Groen's mdusion cf these disclosures (Joes

·10; !'1'!D'l t!1at Plain C->oc'n ccnsenis tc 1.hG c:tppl:cct:on uf state or !edf_,r.'-li law to Pia'n Crr:en. u; th0 Loan. or this /0.~-rer<nc)nl.


. ANNUAL . PERCENTAGE RATE Tho co.st of your credit Q~ ,)

: : .Y&urJy rate. ~ · ·. · ... · .. ··· ... '·.:.' · .. · .. · .

·.·• 277.92% ""

TRUTH-tN~LENDfNG OISCL.OSURES

" FINANCE CHARGE The dollar omounl lhe credit

",.,· .:· " .. wm cc>! you'. " ·, ·": .

: : .. ·.· .:..: :: : $3,051.06

Amounl Financed Thn omo1:ni of cn:a.~;t p:·ovidi.;~j

lo vov i;:.r on 'f't.1ur b~fl :.:.H .

5': :~00.0D

TOIRI o f Paym1mls The nmolml YOl> v.;i l! hav~ paid a1i~r n'l'-\!dnri all ;u1yrnenrs r;s

&Ch(n~1 1 l~1j .

$4.251 06

PAYMENT SCHEDULE: Yow Pc;ymc-nl Scl1euc.!e w1~ be as sci fort!· 111 U1c followi.-.g '.at;io . ..,;1h eac1-. due- cato being ref~rrec to herein as a "PaJ"fliE:nt Otj~ Diltc~

' :Number of Payment§

$283 .11

PREPAYMENT: If yo.1 Pilt o!; e.Hly. ;cu v.11; llll! h1we \(1 P'l\· a P<i11i11ly

2:'2/~0, 6. :lr2120 1 G, 4!212016. :,,;21:zo 1 e. wn~o rn. 7'?120 16. fF?..'?016. 9i21.?.0H>.

·r n;2;w16. 11i:t12016 , '. 212/20 16 , 112/20 17 ,u2 '?.017. :;,212011

See l!ie. f•g,c.;r>1\lnt bnlow !or any a<!d1iJ011al 1nlormatior. c.oout nonpapr.ont. oclad t any W<?1.<1uiri ;&o.atnwn: rri full boforo th~ s<:heduted date, 1:1m:! prepayme:ll mfu,..!'ls r.nd p<¥>all1es.

l!emization of Am<>wH FmruL~!!;

$·1 200 GO

$ 1.2(;(;,()0

PROMISE TO PAY: You promise :o pa} to l!1e crd~r o! P!ain G1ec1) or to any ar.s19r.e-e cl Plain Grc'(;1> or sub!equcr-.1 !>aide: cf this

Ag1·ecrr.e1~t the pnnc1;)~I sum or $1 200.00 pius ime1eS1 !mm 1he Elfe.:tivu D<il•.; o! trris Loaa at :t1e 1e1e o f 27$.9915% per year :.nt1i 1:h !s Loan is repaid in fol!. You agree to nia~:(! paymf~n ts in ~n<? arnn:.ff'lts ~nd on or beiorc the? Payment Due Dnta~ shown in iht~

P::iy1nen; S;;l1ec!L;i2 above. Yoll <ilsti p1·0111ise io pay 10 Ph1in GrilG11 u1 10 ~ Ill' ;1.%ig:1ee of Plain Gr&en or s11IJ,;equ<in l tiolcler of t11i;; .~gr1;ernen t <ill otl>er kes imd cnarges l)H>vided for unc!er lilis fl.gree•H111:.

INTEREST: Jn:ere£l wi!I accrt1t'l d!lil)' on th() L1:!paid prim~.pal balan(;O cf !his Loan, beg1nnin\; on ti1e Eifoctivc D<it~. ul\lil paic! in full.

Pla in Green co lcu:a~es :ntcrcs{ hri~.Q-d ori a 365Mday yc;;:r. h~ ca!culi1th1g your payn1en{s. P:ain Green 11a$ asi;umec! you w HI rnake ~ach payrnillH on the day ;inr. 1111110 arnoLmt due. If any l)riyrnent is rcccive<1 af!er tile PayrnePt Dt.;e Da!u. you mwi.1 p:~;r ;.iny acJd1t!ona' ini.ere~l thc;l accn1f!s ;.Jf1er ;h~ Paym~nt Due Dai9. :! a:1;r pfly:iuu·1l ;s rnnde. be:on.~ a Paymeni Duo 0 ?. tt':. !he inter!~St du.e en i he scheduled P•h''ner1t will be n~duced. ar«i yo11 \''di nw<l le,;s 111te1<:.st. 1 h<~ amo\Jnt of any 1focn:>ase or 11icr;,>,1::;P. 1n i11i1=< rest th.-; w1U ,;fir;ct tll(< aff.ouat of y:;ur 1111111 ;>a>'"Pen1.

1! U-e amCU!l! o f any ::iaymeni i-.:; 1101 <>r>oug'1 lo pay the irnercs: c!ur.. !he un;xiid interest wiU be paid from your next payn·enl\SJ. if

;uoy. ano '""m nn: ~added to the prvlcipa! balance. J! yc<rr ;:iaymeJ\IS are !e:ss ltian !he :merest <lt;e. y0t: ,•:1!1 O•"'= more f1'loney enc n t:il! hecomfj very d~fficul: to pay CJfr yt}~. r Loan. Tirne is G1 lhc-J0s~~on<:e . whif:h rneans :hat ther€· are no ur;ir.n p~rrods fOf i'Jhen

paymenls '"'1uSI i)e mada. Ti1ere ari:; ria SW><i ra:e !ate c;hargf)S 1! yoL1 fail to make p<iyrr1ents in at:c;o;(ianci: ·111ti1 it:>: Paynrnn:

Schedule. Howeve1. i! yot. do not mRktJ each pflyment in fu!l nn ti\(' Pcoyrnent Due Dales as ngre~d. Pla in Gre<~n rnlly con tinuo> tG t~har~je in~er~Sl l)n p~st d~<~ amount& at th& in1erast rate SBl fo;th in lf1l:t "P1om1se to Pay" snclion. 1h6 ~nlf:rel"tt rat';! l.lnll other ~;horges under this A9reemonl 'Nill never exceed \!i?..l~ig i1est rai £· or ch~rga a ilO\<\l'Sd by Tribal L3\(' or 1r.is AfJrt7iAO\ttnL It the nn10:1:~t

i;ollucied is fo~1i1d :o \?>.:cHad th0 hiUh~st r;.HG Of' c l'i.;Kge aHe"Ned. F'l3in Greoo will <C fi;nc an a~11ount necessary to cornply V.Jith i "ribol L;:iw and :h:s Ag ~cement.

PAYMENTS: Ptim GrE.P.n will npply yom p<:tyments 1n \!le ! r,!lri.-.•1•19 r»c!<>r: (1 J to ar.)' fee$ dc!e. \2) tc ar:r:n,nd 1\111 tmraid inter0st

anti (3j lo pti1v~ip;<i a n'<llJnts oulslandir-g if y0u choose to pay \·ia ACH h utl1orizabon. each sch:duled payn1«n!. p!us a:•y fees dt!e

to P!ai:i G1eo::-o (i1 app11r.3 IJ1e) vl'll bi; dPb'tee tm rn yon:- Bank f\cr:i.1ni 011 t3Ch Payrnenl Due Date Stil.' the ACH A'Jt •1c.riza tion be!cw !or lunher ir.formation. !I yoll rhoo~«: lC rer:e;ve your l.oan proc.l?e~s _.;; chGci- ana to repay a!I amounis due pursu!.Vll lo tllis


1\grer:.·ment 'ili:1 C!ft'Ck, money order or cer:;'.1oc1 clvock, plci3se mad e;.;ci' p2yn1enl P2)1C~i:do to ;::>ia;r, Grc:cr1, LLC. 1::iajrnd:l F'rocess,ng.

P() fi8> '1.~560. F)hi!c;doiph1a. Pi\ irJ ,01 <'u;- bj ovor·:-1'~1ht rn2d ,:Jr t:'i~iric.:1 ser1;1u' to Pla111 Grr;u :, L~_C c:o kk;'.HSou1·r:c. 1'.'JUC F;·u~;t

i'\ciiid. Suite 1')0. Gris;ol. PA ~~iC!G7l. in tlrn8 tor Plain Grefa1 tn :·e·=e1ve ti1Lc payment ~;y ''i 00 P-'"'- Ei-'ls\t-;cn Tnk on U1e F'aynieP\ Due

Da;e

PREPAYMENT· You ma1)'· p1·e;)ay :i11s l.car; in v,·hoie or 111 ca;-:;_:,~ 211y tinv~ '.vili1cut r:-enal:y if ;ou prepay;:: pan. you mus1 si11i 1T1aLe

c~adr lak~r psy•r10nt acc0rC1ng to U·ho- P<-lynwn\ SchL'(iulo abo 01c L:ntli th:s Lonn 1s paid in fL:!I. f\n/ a111'.Ju~1ts you pr·2pay \·viii not

co11t:r1ue 10 accrue interest

RIGHT OF RESCISSION: Yt;u rnay n~scind o:· c;~11i;e! \iris Loa:·i i: yo(J L°'.O so or~ or !Adore b.30 p :-;1_, Ea:~tent Tin-10, on the tifH1

:)US!lle:;;s da/ aft(:<!" t;-i(·: o:,Di!ldtion D::l'.i'O (\~H::o ''F:.esc1ss1on D0adi1n2"). Tc t:i'H1cei. Ul!i F'la.r1 G1·een at ;26tiJ .!;20-1' 1 ~)7 a11d ;-,,~q:.!('.'Sl :e: ·-f:~~;c.Lnci or cancel u-i'S L0an Thf-.n. prov:ds 1=->ia1'1 (O·ee;1 '·Nr1tten ~10!_,ce of resc:ss:cn as f~1:-c:cteC by ;_hE: custoner service

··eur\~se:--: la\i,1e

if you have prov1lfed an /I.Ch' Aurhonzal!on If Plain Gree1~ timely' receives 11our 'Nritt()l1 notice ot :esc1ss1on ori or befor·e ti:e

f-<t:suss'·:in Ducidhnt:. but iH:for·D !he Lean prou,t:::ds i'lcivc been cr·ed:kod to youc Bank Account. Pl01:n Gn~en wili not depusi• you: Loa;

:Jroceeds le your 8d!lk /\c-cut1nt <:l!'1l~ both Plain Gr80i)'s w1d your obligat1011s u11Lier tl~is /\g:·E.'e:T;ent will be rescmded. If F'lcrn1 Cm<-':!'

t1•1•ely recer'1es your vn.!ten notice o11-esc1ssic11 011 U" llf:fo1e rhe Rescrs::-1cn iJeadi11w but ahm- :he Lu011 pr·ucef)ds hJve !')f:!G'l

ued•ted to /O~,;r Bank Account. ~lain Gi"een ·,,, .. ill cleb!l your Bank Account f:Jr fr,e ;xinc1pai ?..mount O'vvin9 und1::r this Agrc"emer:L If

f-'!a:n Green receives p3ymEJ1! of the pnncirai ;:i11icu1°t vizi th>·, ciebi'.. Pl~1,n Crcr:n''3 and yot:r c;bligc:t:u1s under this Agreernc:·rt v.'di be

'•'.!sc:n0cd. If Pia;n Green doeo; net r1.:~ce1v\; pJ/IToe!-,l of th.:; prnc1p31 a:Y10t:m '>/1& ih(c det_'il. tht!l the 1~~Jrcc:Tit:n'. \\·i!I ren-1ain 1r., fc;!I force

and effec! until i'l!i amounts owed L•nder !hi~-, />.gree 11e-r-;l a:e !·e0aid 1n ftcll. inch1d1n~J anv intc:csi a::ci fees.

ff '/CJ!; have elected ro receive your Loan proceeds VlA cher~K deiivereci by m2i/ if PiDi:1 Green tb1eiy recei-/es yrn1r 1.vritten :-:otice of

··esc1ss1on on or before thf-: i:;;esc;ssicm Deadl~ne. Cl'ICJ (a) 11 Plain CireH1 i>a'~ nnt 11v11ied tlw d-:eck :-epicsentinq til'? Lean proceee's co

/Ou or lbi :f \f01J have not ca;,hed che check 1·E:pcE.:s1~11\l!1\J the UJar: proceeds. ti1e1: Pi21n c;rE+n ;'/ill C<'Hicel ihe check a1Hi both Pian:

c-,:;i-ee;n's "''1d your ob!!~1ations under U1~s Aq:·e0mr:cnl ·i1•11! be r,~scinded. if you !1av0 casi--:eo the check reurcscntir-~J :_he l_oan procee'.J~o.

y'Ol_; must return U--:e full amoun: cf casil you rl?cciveti to Plcfr1 c;;eer1 by the Rescission Deadl.110. Ii Plan Gr('en receives the fu!i

arnount by the kosc1ss10,--: Dei:ldlin12, r>121r' Green's <i'Ki /Our obl,'..J8l,ons undo:· this Agrl~erner>l wi!i i:·e r"E;scmrll'Od. 11 Piair' Gree;,, d-_ies

:0 ot rec(~ivr; ti·1e fuli ::wrccmt riy U«J Rl,Scission Deild!!•ll~ J;,Gn U1e Aq•·f:0rner,t will rernaw, ;n iuii force Hnd e!fect U'lirl all i:l'r!Oi;nts cwed

zit1cier fh1.s /\greerTif:1;t :He n~1x1,d ;r1 full. ,11c'iL;d1'19 any 1n\eres1 cinci fees

. .:O,,:w r:v0-;::iss13ssed fee shall nol be deerTied securitv fot this l_can il~ld shall be returned by;:; credit entr:.i lo yo'-1!' Bonk Accou11t vvi!l1:n

"!1ree (3_: ::ius1•wss davs of an c:ffective 10sc;ss:o•1.

CHECK CONVERS!ON NOTIFICATION: VVhe:' y'Ju pmvide a check as pay:;·wnt. you agre0 Pian·~ Gr(!(en 1--;;;:iy use i!lfcFmatiuri fr\_1n1

·1ot,r checi-; ic1 1_a) make a c)ne-t1rne cit:ctronic w1lhclra\vai f1orn your Bank Accnv)t or (b) process the payrnenl as Ci d~eck transact1un

\.\1hh' Plain CJreeri uses 1nfotrnat:on frorn )'OU< d:eck to 'i:ake av 1thcJr;1w0i from your Bank /\cccLnl. funds n1ny br~ witi:d:<~vvn frorn

,;ou1- B.'-F1k /\ccocn! ass 00:1 as the same c:ay r::i!c1:11 Gr0t'!-1 recei/co; yuur payrnen\. anC yoL wil! 110\ rece!ve /Cur check back fror<1

1our finRnual insttL,tiGn For ques:io11s_ pleasf: call Pi<1;11 Grecr~·s cuslc:1;c-;i- service p!-;cn0 nun-1bcr, (86G) 420-71 S7

RETURNED PAYMENT FEES; BORROV\/ER BANK CHARGES: if any payment m~ide by vou on !l>is Loan is llot honored or

-;r1n!-H)1 be prnr:esscl1 ftJI' i'lr>y rcasGn :nl'iud1ng nut r;nou~Jh money ·your [-3ar1k .t\ccou:~L you a~:-00: 10 pa11 Plain c;r,seP a fee()!

S3G.CO and you agree tf1c;\ Pioii11 G: ee,;·1 mc1y :·eco·,1cr court ,;cs ts arid reas0nal)ii2' atturne/s foes inc'_Ji~ed b/ Plain Green. If you !';CJ'Jf;

t:iecteci ;o ,-(~Pi1Y this Lom1 via ACH de~1its to ~,iuu•- Sz-;nk /'.c.count f(v eocii returned psynie11L you odhonze P!a:n Greer' ~•rid its

,oq1~nts w:d represen::c1li\·es to rnaKP. a Cllt':·!ilT~e w1tilci!';J·N~1i !:om /OUr Bonk Ac.cc'.lnl to cciiect this 'ec:. Your f111anciai i:1s\:tution rnay

also charqe a fee 1f your 6311~; /..ccounl beco:T~cs c,1;0;r:J-;,1·N:i or to f-J:JJ"'r-:er,t :s alternpku oigci.nsl vou:- B,'ir:i-._ Accoun~ t~'Cl\ wo;i:d

·;a(JS0 it to tieconie cve1·dra·,\·n You w1il ·:ct hc!d Pb1n (;ff;.:-,;: o;· oc11· a0cnts, rr~pre.sH·11;:_;t1v0s. c:.uccessors er as:o1~;ris rcs~o1·.s:bic frn

_;.;_ny such fet:.' vou :-r1us\ pay

SECURITY: No sectFity 1n1e1·l~St is taLen or r,_iiven r; ccr1:ie:Ci:o11 \Hlth this Lo::::rn.

:i-1cv be rei1nanced.

DEFAULT: "Defou!<" cf th;s 1\grcGrnent .,._,,11 vccc·- tf (a) you prov,cJ.;, fa.lsc or· rrnslec1d1ng 1nfor'na!icrn a!)out ycurscdf ycur

';n1ployrnc11t or your firv11:cial cnnc_H1on pr·ior w L;n\er<rig intu !his /\·0yee--:ien~. (b'1 ycu f.::ii! to rncke c: pciyr--,-;ent 1r' fl1i1 b)' ttw app!!c;:;bi<~ c:\-iyrnent Due Date o: 1f /Our ;:·ay··1:rc!;1l :s 1·(;-tc,n1Gd \.J p;~frl c;rt~c'n f·x et'1y <eas(l" ")! (c) ~1;;u fih0; lJanki-uptC/ Dr bf_,con!f! a cj()tJtor u:-,d,::-r

',J_S_ federal b~~nY,n::.Jtcy ia'-vc-;.

CONSEQUENCES OF DEFAULT: in the eveni of a DeL::iLl'i_ fJla1~1 Green :nay choose \o do <>~l/ o:--:e er- :·norc: of the folio·Ni1~q ti'111·1qs

a; i<~Li'-l!i'e yo11 ~o iru,1cd,c1tel/ pa/ e-1cryt1'1ing you O\\'C unc!c1· this f-.\greenient. (::i) :f yo·J have eiec:icocJ to '0P3J' U11s t_o<Jn ··J1~1 ;\CH

dl0\J1ts iu your f:3ank /\c·~:oi..nt cont;nue to ·,v1H-1Crav1 reguic'iriy sciieduled ;x:::yme:-;ts <1nd ft,es from /Ot:r F3anf~ /\cccunt· a:-:d (c} pur.s:10

<lil legally availab!e means to cuilcct \!re i)sl;:;rice ,_foe. By Si!,Ji"•:ng th;s Agrce;r~en! you wa.1<,,10 notice uf dc;fault. d:shonc1·. demand fu::>cl/nient. pretest, P'·eser1hHont. ar:C ;1 ,.,, other :'ot1ce. Ar~'G mis yoc; cw ... e Pla:n GrGP.'1 niay ;nclucle the ur:pa;(i p:·w:ci~iiii b;_1la11cc of 1l1is ~081' a!! unpa:d accn,ed fH:'s ?1'd interest (i:1ch«fr·1g unpa:d 111terest UN!r1D ori past dw~ <Jmcwnts,i and p,;ry· co~;\s cind fees fJ!ar-,


Grec,:·1 :nc.,rs in conncc1'c:1 V·n\h this Agrec:rnr:n~- By' chcoo:mg to 8xsrcis0 3;-iy one; of m':lr~' cf ti1eso rcnwdics. Pia·n Gcccn cJoes not

·Jva1.,.1e its : igly, to \:Se c1r,ot 11e~ rcm<;dy !<i\er_ F='i2in G.-r~01; may de~c:1~u no1 tc> l,se an .i d trw r1,'n~er:i1:cs d(esc:1-il'cc! a'.JlC·\'1-~ ir, '""Y (~vent. r-'L1in G:-i:;~c~n siwii have ;i~:d rna:; CX(:'i'C!~,,, ar1:)· a::d all rights and "e;>1efJ;'es a·/2ilat}!e tu :t ~ilroi_;gl1 t1·ibal l;o 1s ;-1;~d rn· in eq~,1i;y. /,1-,y

cls:rrs ur· cefenses wha;soevl~I assP1iecJ b'/ 1)1- 1J11 !Jei1aif of 8or1ov.:nt shal! :)e subwct tc the dispute ,-(;sclutio11 pn:.c:css ?.L;d

;uri~:;dict1u11 agr-<;eci to in th:s Aqreemen!.

CREDIT REPORTING: You J.<;?GC tl:at Pia::• Cireen may make inqu!ncs concernn19 yout credit l:is1or-y arid si<-'wd1n\J- c~r1d may repo:·t

nfotTICH!o:: conccrn111g your pedo:T11c:ir1ce unck"r tr; s Agr-ccrnen! lo c. cclit reprnirng a::Je:·1c1es. l._a\c ~-h'\'!Tierns, 1111sstod payments or

rJtt1e1- defr:w!ts on your· Loan r:1c;y lx~ refli.~cled in your r;rcr_N report

CHANGE OF PRtMARY REStDENCE: Yo~i ;_1;.1:Gc tu ::tltif·1 Pi;1:n G:e1.c11 cf ,1:1~,i ch;:i1~gt~ i'I ycu; p:-1n:i:j· lGS,\!er·ce L",s soon ~ls

~1r;:;C11cable, but r;c; lc11c1· 111an f:ve (5j dD/S &fter ;;1;y chdn~J":: Ycu 2q:·c-;e t!1a! !ht~ acidr(~Ss pro-,_1icler! on '.his A.c:;r22111b:1\ ··mil gove1T1 tl:is

1'.\greernent u11tii you have n-,~t all ob!igd1oris under th:s 1'.\greeme1:t a 1C: !~1;:,1 a;1 1/ SL,!Jseqc:ent changr; in ycur prin1arv rGS;do11ce 'N:I!

h)l 3f'.ec1 Pie terms or enfcrceabi!;;y of this /\grc;e1'<ier1t

CORRESPONDENCE WITH LENDER: General ccr··espurnicncr; with Plam G:-een C(y,c;c,rning il1:s Loan. t!iis 1\g··f!u:·:1c:nt ur vou·

>E-)ia\ionship wit:1 Plain Green lllUSt L-ie direr:\l~d io Piairi Cree1; at the fol!(;1;>'•1iQ 2dclres:,- Plain (;rf!fJl1, LLC, 93 r1.,\ack Roacl. Suite l-_iOO

f"O f;ox '.270. ~Joy, l::!der. L1rn1:a w 5952i Ccr!1mt1r·1ca\10:1s ff'1ated tu t'1G ba,--,kruptcy r/ ttw Sorrcr,1,-,~c ,,-,u::;; 8e d!rec:ted w 1:il?.1n

(~reen al the fcllowi1-,9 add:-c•ss f'!~w1 Green, U_C, f..tt•1: f3enkruotcv J-i;1ncJiing. 93 ~./cack F\oad, Suite COCJ_ PO Box 270. [:)ox l~ir.1er.

fv1ontona 5fJ521

FORCE MAJ EURE: Unavoidable delays as a resuft of :n;-;cJv<:nent process:ng ~ rrors -Cindio·- "acls or Goe:' rna/ exli.ond thu iir·1e for 1he (Ji;po:01t of l 1Jc;n proceeds and '.he 1You0:s~i1-:q cf paym(~!;ts uwmg !wrr~t,nder

TRANSFER OF RIGHTS; HYPOTHECAT!ON AND MAINTENANCE OF REGISTER: f'll:s i:1strur'1ent is no11-negoc1able 111 fot!Ti but

:i1;1y !)0 pledged ss co!late:·ai S(:curi!y_ i~ so pledge!L 8r1/ P0y:T1en1 :-nade ·,c ihe ~x:;yee. either of prnx:pal or of 1nterGst. upo:1 the debt

evidenced bJ' U1i.~ obl1~;~11;on, siidi ~;c ccnsidet-•3d and cons:rued as a pay:-;,ent on :h:s 111su·umen'.. Hie sarn~~ as lf':ouph it we1e still 11;

'!•.e po'.~sessior' anl1 undl;r tl1e comroi :Jf the payee 1·~;1cric~d nerem. a11c1 the pied;1c0 l1Die1:n~J t!1,s 1r1s!ru:n0nt ~:::-. coilatcral secun~l'

'v;r-ciby mcike~; sa:c payee i;s <i~Je!1t t0 2ccepl a::d rcco:vc pa/mcnts h::·reu1\ c1;her of pr·ncipai er of :nleres\.

You a~iree U1a! F-'ia:r, G1een rnay c1ss1:111 or trf!nsff~r ih1s /\9ree1ner1t. or any of cur r1~hts he! ec11·1der. to any :Jther persrn• 01- e:1ti'.y

vv·1tilc,ut pr1ur no:ic.e tc or crn~ser1t fror~1 '/OU. F~e~:1a1-(Jic~~;s of a:iy trcmsf(": tl:is / 1.g:·eemei;\ sh<Jil rerna1:1 ;;::xci=.:s1veiy subject to frit·:al Lff·«,,

d1d remam witl1:n JU!'ISC1c!1on of ti1e courts of the T:ibe_ F)iain G~eet' (in its c2pac'ty a.s ''Regist:·;_tr"), ::ictin~J soiei/ for t!·,is purpose as

yoLr irrevocably 8ppo1nted agrJnt. shali maintcim at 3!1 office icc~iled ;n the Un:ted States a cory of euch 8ss:gntn8n\ of ih1s

:\greernent deiiverecl to 11 ;_:;nd ;3 1·egiste1 (t:-ie "F\eg1sler") for the: rcsordator; of ~he riaincs and Gdd~esses of the original owner,

c;ss1gnce? .. 2nd rerscn<~ \1dd1r~g paniur:at'O'' iiili.'~rt:s'.s i·1 the Lua:1_ and thi_; cirr1oun\s c;f princ;ipcil a.ml HlleH:sl owin._;; to ;;aci: frc m

:n1e to tirne pc:rsuan: to the terms of this Lo<.n. The RegistE:r rnay tJc in elect~cnic fo:-rn. The enl1k~s Df tr,e f-'\eq;sler s!>:,:1 be

l'CJ11cius1··1e. and ycu. U1e !-'\eqi~r;-ar. t:-ie Pl<-HI G'eer1 ;_-,rid ;i!i rJf 1ls assignees <:l'ld park:ipants shall treat ei1d1 person ,,,hose riame 1s

recorded in the Rc,;gisie:- pu1·suant to U1e~e terms 0s lhe D'N!Wr of suci1 p1·irlupa! arid :nteresi paymenls for all pur;'Jcses l'Jf t11!s

.i\gree'11ert no~·.vi1hsi3nd;f19 ::ot!ce io the crn-:u·a!-y. n1e nan1e oi Hk U·Nner ;n ~he Register· slrciii i;e available to you L1y v1;·itt2r1

,-c':qucsi to Pla·n Greu:. iiS R~c;g;strc1r. at any reason<1oie uinc and from time !0 lime ur.:011 :-c~ascnab!e prior notice. The lol"c90mg rs

'l1tc:1dcd tc rcsclii 1n th:s 1\:i1-ee1i-1cn1 being :r-1 "reg1:-;;cred forn•" \,\'i\htn tht-, r11eaning oi U.S. Trcasu y Reg;.:la\;cns Sect:cri 1 871·1A(c)

.:ir~d Secoons 163\f}. 871(h) ancl 881(cj ofihr: internal RCV(;r;ue Crnic of '1986. as amenc.!ed_ and s~wl! tJe :niE)rprell;d and applied ;n

;:; man!lf:f consistent there1NiU:_ A11y fees ;_1r!c~ exp;:!nses ~Jf Plain (3ree:1 dS F;r"gist~ a~ hr i~s sei·v:c-:: s shall b~ char~;ecl 1_0 Ihe registered

J•l:rier c;f ;he k;:-i'' and net to /ou

SUCCESSORS AND ASSIGNS: il1!S Agreement is b111d;11q upon your heir·s and pc,r·sonal rep1·ef;e11tak11o:s tn proba:e a:1d upor·1

anyone to 1,vhon< you ?,s>;ign y~}c;r assets er \·v~io su:::cccds y::.>u tri i''ln)' ot11er w;3y orov.c!eci_ tio>vevcr_ '.l1at 1/0U :nav i>ot ass1CJ1i nr

trc1r.o;!er t!·:rs Agn;cr.,ent ·~xcept V.'ilil Pia:n Greens pnor Vc"rittcn conse•li

SERVIC!fllG COMMUN!CAT!ONS AND COMMUN!CAT!ONS AFTER DEFAULT: You <i:U\h~1nze i_)l;:;1n Green ar>d i\s aut!ior1zecl

c:--;p1e;;ent~11ives to ccntad ';' ·,u ;-;co_;r,~!1n~J tu yrnJ1- ccmsent provideG in your cipphc2.t:on or accv·cJ;ng to ycur account p!-deH::(h:es. AS

mndif:cd by you afte1· sui)ni,tt=ng '{Jt,r app!:catirm. l h;s nia/ :nciud1~ (i) cdl;ng ~,rou during reaso:-:abis !-00•_,rs 21 any of the pt1cne

'1umbers l:sied on yo1,o· mos: n:,cer>t 0pplica:1on iC!j prnr w <o:eiC:'i Pa_,in-,ent 0(i8 Date-; <O re::mmd yo1; of tho peyn12r:; cJ,_;,0 ard (b} and

fo:- 01her n1atters rei~:;t<::d to \'our accour~t. (!;) ccntactrng you by text message c:,:- ocher wireless con1rnv1icarion method 0:1 the :Y:cbi!c

~-t~rn·,8 nurnbcr l:stcd on '/our appi1cation (i<il leaviil~J 8 message -.1v·1t1: a person or a VO!CC rnaLI service a:t(1 (1vi co:1toct··:19 vou us1:--iq

Cil_;\o-d~.3i1-:rs o,- pr c-rocorc~Pd r•1ussdgl~S. indi.idir<g cri!ls 10 ynur rno!)do plK'w"

ACH AUTHORIZATION

(applies only if (a} you select the electronic funding/payment option be!ow or

(b) authorize recurring 02bit Card payments)

Til1s !\CH Au 1ho:izatic!i 1s a part of and r·elates lo this Agreement Yoe voiuntar:ly auti-ior1ze f)la1n Green.ardour successors.

sffliates_ a~e~1ts, rc::preS(-;1daL\/es, e11·,1:>1oyc-ote·S a1·1u ass!gns_ to ;n1tialc awomcit!c credit sn(! dei::·il entries :o ;ou:· Bclr'k 1\c_cc,u1': m

acco:·clance w:t''l this /\yr·+.oerrn~nt. You 2gree th:-:1t Pl<:iin Green wi!I in1l1ate a cn-~d:t entry to yct;r BBnk Accou11c tor frH; l<rnoum

F--:nilnCl':d v1 or :iLout \he D1sburssn-,er~t Date_ You ;,g1ee thi-it f';liacr: C:-eH-; '-N1!! inr~:ate ,5 debit enl!/ to /O'Jf B<-11;k /l.ccouni 011 e<Jch


~)ay'!;enr Due Dat0~ ;r: 1.he p~;yrne::t a:-nou,1t dec.cr-ibed 1:1 the F'tiyr--:en\ S::hed\Jc_ For caci1 sct:edc·f:;d puymcm. v..-11encvet" a c.i0iJ1r

<-Yi!ry !CJ /Oii:" Bani< Accow1! /.co 1e!u11H;cf 1·~ r'iain Grc·en re" an:/ rr,-asun Pi::iin Grt:.r:i; 'nay in1t.ca!e i-i deV1l en!r_,,., U ynur E-nii< AcLount

up 10 f\·'lO dciriiliunai ;1rtl(7S after rhe fi1 st a,'!HT;p! ior e:ach sc!1eciu:·eci payrnont amour;! Ycu d:c;c c;g·ee ttwt PL=iir·· G:-een 'A'ii :niu2te

,~ cJ10t1;t entry frjr arr; accrueci re!U!il~)d p;-1vrnern tees and ::;11y it:(e:cst :r·,:-1t au i-uc:s on ''"1erc1;_re ar1;uu~:ts. if 'Fur pay1nerit is dc1e

011 ;~ 11~w,-lJL,s1r;ess day. 1t "i·.-'l!i be pr:x:e.ss(cd 011 the t'ex1 !Jusir1esc; day

Y:~u agree tna! lb:; ACH Auth<;:iz~1\1on is for repairnc-:·11! of a co11scrn..:~r 1nstal!me'lt loan and th;Jt payn1c"11s ::,!caii re:>cur ai

SLb.s1ant;a!ly rc~~r-:lrn- intervc1is as set fcriJ-i 1n \111s /,.greemt~:1!. Tiw-; ;\CH /\ulho1iza!!On 1s \o rernair1 in full 1o;Te snd effiO'C\ lo: il1is

t:·ansact!ort unt;! you pay yuu' Lua1:. 1ncludi•1g any interos1_ ::;nd fee~>- in full. You nl<-'iy re 1JOkf~ th!S .ACH At ~horizaiiGn by r:oritact:ng

Pia11: Gree;i C1ino-cil/ or· by c~mtCJctms; yow f1nand:1 1 ins'.i!c1ticr;_ !f you :ccvoke you:- /\CH f.\u!hl;rizati.::.•n, yci1 a~:r10e to make fX'>yrne cts

!C Pi.-;in qr~~en l!y d-,h:k_ 1:ertifiRd cl leek er :T1·:i1·.eJ.' u:cie1 i-ls s8\ funl1 1r: Hw ''Pay1ner;L.;" sect!un a~lUvE-:. In :10 cvem V>'i!! any

r·evocflt-on oi rni.~ ACH Au:ho.1 1~1:;0.'·1 be effect;ve \\·!th re-;p<:·c; to t>.'i!rie::; p!ocessec! b/ Plain Green pr'et tc ;ts (E°n"1\·in~1 ~;uc!>

1'0 1/0Gi-'iliO'l

Yoc1 cigree 111:;1 1::1a1r. G1·con rna',' c1bl;:1in ir•.form2t10:1 z1bout you ::o;nd you" f3ank A:::cour1t f:cm your l;ank nridfor con:,ur~Y;r repc:-tir:[;

cig,-;ncies uqtil c::tli an«:.iunts o·,ning purS\;flr.t \(;this f\r,Jree11 1Gnl are pii!U in fuli_ if thrn·e 's ar~ 1,. missing or 111ccrrsct inforrndl;on in or

V.' th yow <~pplic2t1011 regard:r<g yo0• !)ank. ba11k ruutin~~ nu1-nbe:, or au:ui;nt r:u::-1be1, t'ler' ytiU i'H11i1or1Zt'; P!di:' GrFJeri tc ver·iJy and

orrh_:\ such iri_fom1atirn1

our barrk may dl<'l!-~J'-' you;:; ieC': in cc~:nec1:or; v;th P!a;:1 G1>?<.:<n's c edit a!rd.'or der~1; entries Coi tad/'-~"' fi:i211c:;1i ;1·1s:!tuli0!1 for

111orc information spcc:if;c to ycur Bank Account

( 1) F\19/JI to stop paymic:nl nnci /Jrncccf:.vc for dom~,' so if yr.u 1-'a 1Jf; tu!d F'lctw~ Green i:-; adva11c<:o tu rnake re(Jdlar 1xiyrnents (;Lit of

'{0Uf Bank AccoulL :1ou ca:1 step CJ:l/ of t!·wse payments. He:·e's hov' Cail Pla!n Green at (8Gl'J) 42<J--l1S7. or· senci a Nr!lten

!'(~quest to Pl3;n G~·ecr. ~:i'.3 Mac~ f::Zo:;c!. Suite 600 PO 8oY, ?70. Eox Elder. f\-101~tCJ11a 59521. !n order fer a cancei!utnn requcs\ to

be '.;1ffecLve lYy' a spE:cif;c date or f-:y a si:.,ecilic payrr:ent, Hair, Gref:I"' must receive the canceli~frc:1 reques\ U'rc,e (31 bus~nes;-;

rial''°' er :-ix,re befoi"e t1·1al date or lx-;fc:·e that pai,trnt:);'l ;s scr-,eu,.:!oc1 to be rriad8. If you cal!, Pi3:i-i Gree'1 rnay c;L;o :·equ;re yoL• to

put your 1·eques: :n vHiiing ancl subrn:t :c Pia1:; Clrecn withm 14 dc-iys of yc'tH (:all.

(:2) Lah1l!ry fo1 fa t1Jre to s!Ofl paymo!il of pre:-w.1hc,r17ori trnnsfe1 If JOU orrJe:· F-"Ja:n Green hi stc ;i a pc:iynv~nt at leasl t!<ree (_l)

bus:ness days or more lx: ure the debi\ is scl1ed~1leci. a1-id Pia1n Green !ails to stcip such p<i\:n~er !, P!a:n Creen W!ll be i1able im

you1· loss10;s O! ii2rnages

(.3J Nc;ttce of ·/a1yi1rg tJmoc,1:1s You -;/,Ii :cc0iVf) '°' ,--.,o!ico 2l ifcast 10 days bcforo 2 DZ-l'/rnr;n\ ;s i:Jebrted fron-i your Ba;;k Account ;f '.he puyrrwnt F'i;-1n1 Creen ;s ~yllr·:~J :o d""~Ji'. frci;;1 yclir B?.nk . .;cco011\ varies from thf3 ;-;rr:o,inl c!,sclo;:;cod u1 thP Sch<.:dcdA of

Payn1~;r:ts ;:;iJcve;_ You i'~h1e ih8 r,qh: to ;·ecf;;ve '1Cti•.:e c,f d!i -,.a:yn1~.: a:11o;_;r:!';

fi11s ,ACH Authorization :s 8 payment meci1a111sr-r1 u1iy anU coes not 9ve Plain Gree!i coilection riqh\s ~Jreatr~r than !11~1se

0:>10rw<sc cor1ta1ned iri th:s Ag~ec111e111 Th,s /\CH /'.,,111 orizatio11 does :iol co:1stitute i'l'10 is nol intended to cunsliwtc;;:; security 1nieres1 ,,1nder Tr1:x:d Law.

If you asso:;i;:ns one or rncrr~ debit c;'ircis \·\· '.~l yc:u-- ciccollnt VJ1th Plan Gresn (e.?.ch a "!J,~b!i Card":1 and au\!·1ori2e Plain Green io

irntlate recurrmQ payrnents ,~r: j<_ur l_oa1", LSllEJ a D1·:frt Cc~cd. lil~' '.err:s r_:f \he 'orc:grn,..,c; ACH /\uth,Jr,?c!ticw 1l.>i!I :-oppk f-q'.1ai!}1 tu

recunm~1 r.iayrnen1s rna1i0 by Di~bit Ca:d

ENTIRE AGREEMENT; SEVERAB!UTY. Tl1;s /\~1:2en1en1. includ111g tile V\ia1ver o'. Jury ·1 riai Cff1d /•sbttrat1on ASJ! '=:en;eni, cons!i'.utcs

th(; m·,fre a.LJrl;en-1e11t bt;t·Nee11 8,11-rrnNe::1· and Piel.in -:;reen, anel it may •10\ be ccni:adic\H-1 L1y uvider,cs ~,; ;)r1dr or contompo:w1c!uus

u1-ni agrecrnents h~;tVc1ee11 then . If a1'y µ1cv:sion of this ,D,greernent is ileld Lne:lf::irceable, 111dt:d;rif_l 2!1'/ prov sion of the VVe.:ve: nf

Ju~/ 1:-1ai ;:111d Arl>1t:cit:on ALJn:oe:rcrn1t_ the wma:nder of this t~Qreen'.iont sh&li 1e1n;:u1 !n full !o1-ce ~-ind dfccr

GOVERNING LA\!\1; NON-APPUCABillTY OF STATE LAVJ: lNTERST ATE COMMERCE: T!1is 1\g··oc•-r;ont ;ind tr;e /\~f!"erorncnt to .l\1-~J1tr810 c:re go\·erned by Tr,ba! LC-<·J, The 1v;1·oerne~r ;o 1\rbitratc a!sc c:o111prehend::: he app!1c2\1on of the FccE~rc:d ;\ob1iral1orc /\ct

-_:;s prcv1rled below. Pla11; Green docs no~ havo a presence 1n rvklntcrn2 or a'ly other slate of the Un1tco States ol 1\rnencc1. Ne:t!ler

1h1s Asireen·!ton\ nor 1[·\e Plain Gr(;e~1 is sulJJCCi ll' th::: lc;ws of <'lny st?.\G of lhe Un.ted Slates. Plain Green ma"( choo~~co to voiunlaril;

u:~e co•ta:n ferJt:-r;'li !a-//S ;JS ~~uiUtc:l:11\-::s f;:.r the prnvis1on of SP.1vices. S.ici1 vuiunt;-lr/ u~:;(:, fJ\X~s not represent acqu11-esl~P1VX-! of thi-'

Clq;rx:v,'a Crl~e Tr:be to c1r'y foder·a! ia 0N ur1tess fuu 'HJ e:<.prossly app!icc~tlil~ to ;t1s opc;:-Jt:c):1,; of t:-w Ch'PPf)\'l.'CJ C>ee 1 ! illC! Yuu :rnli

P/,-w-1 Gr(oen agre1~ \!1.c;! ihe '.r;::i,~saction reµr·ese;n\ef1 ,1J)' !his 1'.\g1·ec_0 rnent 11'volves m!(O,'-s!<-i!.:; cornn:erc1~ for 311 r:.iJrpc,ses

This Agreen"lent includes the following binding \/Vaiver of Jury Trial and Arbitration Agreement {the "Agreement to

Arbitrate"). You may opt out of U1e Agreement to Arbitrate by following these instructions:

RIGHT TO OPT-OUT: iF YOU DO No:- /\GF\[E TO (',F;Bri-Rt\TE /\LL DISPUT[S (DEF!hJED REL(J\1\i) !N t\CCCRO/-\~JCE"


WI TH THE'. Tf:Rl-.18 ANO CONO:T:ONS OF THE AGREEMENT 1 0 £\Rfl lTRA TE, YOU MUST ADVISE PL.AIN Gf1.EE.N IN WRlllNG F. ITHER GY t/.\i MAiL Dt;LIVEF:Y OF ,/,, LETTER POSTM/•RKED N O LATE'R THAN 60 D;\YS FOL LOWING THE

ORIGINA1'10N DATE SET FOiHH /\T l HE TOF OF THlS /1GRf:?Ef,lENT TO 93 MACK RO/\D. PO BOX 270. BOX ELDER. MONTMJA 5~52 1 OR (B i EJM\ ll DATED r~o 1.ATO:R TH,'\N 60 [)AYS FOLLOWING THE OR1G!NA'fl0[') DATE SCT ~ORTH .t\T 1 HE TOP OF THIS /\GREEMENT ·r 0 fil!!'PORT~Pb~ll'l~~!,,.QANS.COM .. YOUR OPT -OUT CORRESPOND El-ICE M:JST CLEAR!.Y PRINT OR TYPE YOL;R NAME ANO ACCOIJNT NUl¥1SER OR ~lOCIAL SECUR!TY NUMBER N\JO STATE

II Tl-'.A T YO'.J REJECT ARB!TRA noN YOUR RE~ECT!ON o;: AR8lTR1'\ :ION \Nil l NOT OE EFFEC1WE If n IS NOT iN

WR1TiNG OR IF ff IS DATED LATER TH.'IN 60 DAYS FOLLOWING THE ORIGINA T!ON D.<l.l E SET f'ORfH /.. r THE TOP OF THIS AGREEMENT: n :s NOT SUFFICIENT ·ro 1 ELEPHONE P\.AIN GREEN. IN 1HE EVENT YOU ()!)'; OUT OF f HE

AGR~Elv'1F.NT TO .ARB!1 RA Tt.'., ANY DiSPUTSS SH.~LI. SE GOVf.RNt:D UN DER TRIBAi. LAIN AND MUST SE BROUGHT I I~

THE CH:PPEWA c:=tEE T!'il!3AI. COURT.

PLEASE CAREFULLY F<EAD THIS .~GREEMENr ro ARBITRATE. UNLESS YOU EXERCISE. YOUR RIGHT TO OPT-OUT OF ARBITRA rtON AS DESCRIBED ABOVE, YOU AGREE THAT ANY D!SPU1'E YOU HAVE RELATED TO THIS AGREEMENT WILL BE RESOLVED THROUGH BiNDING A RBI TR A TIO/I!. ARBITRATION REPLACES LIT/GA T/ON. BY AGREEING r o ARBITRA TE ANY DISPUTES. YOU WAiVE YOUR RIGHT TO GO TO COURT, YOUR RIGHT TO HAVE A JUDGE OR JURY, YOUR r~IGHT ro ENGAGE: fN DiSCOVERY (EXCEPT AS MA y BE PROVIDED IN THF ARBITRATION

RULES), AND YOUR RIGHT TO PARTICIPATE AS A REPRf.SE.NTA TIVE OR MEMBER OF ANY CLASS OF Cl.AIMANTS OR IN ANY CONSOUDA TF.D ARBITRATION PROCEEDING 01~ AS A PRfVA !£ATTORNEY G£Nf:i.RAL OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT ro COURT MAY ALSO BE UNAVAILAB/. E IN ARB/TRA TION.

A GREf.MENl' TO ARBITRATE: You ;m(1 Pr,11r. Green ;ogree tn:it any D>&Pv!e {ciefi11ed beft;1r;) w;/( !>•:~ re,;o lvHll !Y/ Art:uira1:011.

WHAT ARBITRATION IS: "Arbi:1(ll1oro• ·~a fOf!nof a lte.ma!1>1e d1~~ll:le resolu lion .vherc- Disputes are presented !o ~n

1ndPp~:idcnt Huro party for resnlation. A "D1spu!e" is a --1y dam or r;c1;\rove>rsy or a1w l<iM bt>lween ycu s11d Plain G reen or

c th<:r,\i:<.H 11wc!v1ng this Agreement w tho L<Hn. T';<1 t::1rnl OiS1'11lo •s to tie givt)!\ i ~s. tJ:C<Jd\!$\ p<J!;sib!e mGan;ng ?.nci includ f;IS, ·..-..·i1t:ou1 i:rnit~ tion . all feder~iL st:·HO or Tribal Law <.:lairris or demarids twhe!h(H pas~. presei"IL or futLin~}. ba$t:d :,Jn ttny legal or aqu itahiC• th~r::ry aw.? regarcliess of lhe lype :::f reli.:.:f sou~;!'~ {Lt~ .. rnof1ey i 1~jur~ctive reho!, o, ~1m;tarat<,ry r~1ref}. A Dtsrute ~ncl~1cies any 1s!->uc::i conct.;rr; i\~g u~.(~ vahd ity. e fl fo:e~;itliiil~r. (•r scopo t>r lhi~, A9rf;:e1nent or this AoreeJ\l0!'t ID A rbitrate.

For puri>0scs ol 1l11s Anrecrnent 10 Aroo!ralc. \aj tt:e terms "you" and 'yc•ur" inducie any c.o-signcr a~1d aiso your he11s. 1Jli~m.!1a:1. per'SOl'\al ro1>resematJ11e, or i rusicu 1n oonkr'1ptcy. ;;ino i'.'li th<- ten1 "PJa·r. G;een· inilans P1a111 Grt'!>~n. LLC as tho I ender. Pkm

Grceil's 1:1lldic1t<.'\l companif's. ihll T rrbl'!. P la111 Green's sel'\1c1119 and ccilc<.tocn repi~,;,;,r.1ath1es and a;;ie•;i$, ;.ma each or l heir !t-!'>;.lttt,.(iv'"' rlQt":n:~. n:::p:--e::.t:::-:lai• vt~:>. en1ployt:e~. officers. <!irecll.lrs. rnctt1tlcr{;. n1.:.1mgh!£ , :'ltt,:\ntays. &lJCC(o;SSo.rc. prudc;ct'fi.;,o:~.

:1:1d as610ns.

HOW ARBITRATION WORKS: l f 3 Q;i;pu:e <lrises. 11.,E p!'lriy ?..SSt'rli1:n tr:e Cli:l;il l or demand 1H11st initi;,te arb!:ratiOll, providGd yoc: ur Ptnin Grcor: may· firsl t!y :o r~~~.clvc lnt! maltc< ;r;forma!ly c:.r ttV<'Ufih r:Hston1.r1r\( !~\iSiness 1"!1e1hod~>. 1nch1dlng collection act~vit~; .

The pany 1ec;t1c~i111g arb1tra~ior. must cr1oose e itner of !!lo rollowir.g <:11bi!ral:o11 l irrns for 1!1111<1 : 11~9 «nd pi:,sui11g arb1tr1won· H1e An«ar:i::an A1b1trahon Associaticr· ( 'Af<l\'' 1 o r JAMS, Th<' R~s<:lutoon Expe:ts CJ/-U>.."S"). If you claim ynu have 11 D1si;clc ~,;:n Plain

Gr.,,on riut rlo not m;:iate a rb;lrat:c;n en !.eloc.r an ;irbi'.ra1:011 frrn Plain Gr1;Jt•n may cki su You ·~1Jy obta in cop•e,; rit li'e curre!ll

fiJ!~s ct each " f u~e ar>.)itrauo~ <?rrr~s an<11orm:> al'id instri.:ct•or.s for in1~iating a:bitr3~-0n by con!act!ng them as !olloNS.

JAMS. The Rc~.o~u11011 Expercs

192D Ma'n SHee1. Ste 30()

I PJlt!G, C/' .. ~;:~61 ~

\1Vi:;b:;:tf:: illt;1.:li.!l!!'.::~Y:::.:Jar'liSi.1dr.,£.q,rr".!.L

l'elepl!cr;.;: (fM9) 224-HllOor (8()()) :is:?.-5261

Ameri.c\ln A1t;:1tr.ol :on A$SO\:;.?.fa;m

335 lv1ad(son lwe. Fino~ 10

;~f%\V Vc>r~. N~' 1 00 17~505

\•Vel)Si~~~ · tlll12.~.E\S~Qr.:.a£.9.L

T .:>ter''<1ilB (/l0<)) 77<l·78W

f!'le policies i:J·1c.l procedures of the selcci&a arbilmlion li'fll at1pl1ceble lo co:>surner lrar~ct1011s ''"" ap;.;ly pro111dGd such policies and procedu1os do no: con:1ad1cl 1h1'3 Agrecme1'ol io /\rb11!'llt~ or Tribai Law. To ci;e c~IOnl th!! mb1\r:;Jl1on 1o~111·s 1uics or pro~dt.rns l are d:ffnrcr~t lhoo :h e 1i:;;rms o f U1i~ /\~rc::ome:n: to Arb!tral~. lhC terrr.:; ,~ f thts Agreernent t:) Arbitrate \'JW apply.

WHAT A RBITRATION COSTS: N,) rr:;;i ttar wh;ch pai'ly i111t ia1es U\P, 1.;rb :trntion. P!ain Greer• wil! advance or reimburse hling f'e~s

and other <'.<)Sts (; r fees of ar:Jitr~lie>n, prov:ded each p~rty will be-;- ~n 1 t i <-3 lly· re~po:1siblA for itr; nw11 auorneys' fc:·es anC1 rel;.l;ed ~o~ts .

Unles~ proh101(ea by lnbal !. Dvt . th·~ 1lrb11ra1or :n.~Y' award fee~:. cos ts. and reasonat>lo altorm:ys· fees to :he pilrty wl1c

-subs!aPtialf~: P• c.vails in !he ~Hbittrniol'l

LOCATION OF ARBITRATION: Any ar~Jol·;'lloon Jfldcr :h,s Agreement mar be .:onduCIL'<I eith6r 011 T n!:ai l<1na o.- with111 !hiny

t3!J) miles o f r·Y.u lhen currenl resilience at your choice. ~'m1·1·1e:J IJiat HHS ,::;ccomrnodi:mor. for yov shall r.01• b<: <.()l'ISl"l•ed many

vvay (i'li "~ A r;,tinquishm;;nt or waiver of tlHJ ~overeign sL; lus. or .111tn;,:1;ity o f the T ribe. c;r (Ii) !o aliow !or the r.p;~l icst.01 o: ;i:1y !aw c l t1c!I' than 'hb<l l L<:iw.

W AIVER OF HIGHTS: BY ENTERING INfO THIS AGREEMENT, YOU ACKNOWLEDGE AND t>.GREE THAT YOU ARI.";

WAIVING Y'OUR RIGHT T O (A) HAVE A JURY TRlAL TO RESOLVE DISPUTES, {B) HAVE A COURT RESOLVG DISPUTES, (C) PARTICIPATE tN A CLASS A CTION LAWSU!T, AND {O) HAVE ACCESS TO DISCOVERY AND OTHER PROCEDURES


THAT ARE AVAILABLE !NA LAWSUIT.

The artJ;tratnr has the at>ii!l/ le Rvvard all remedies ~w2daule under Tr,-b?.! Law, ·ulwiher al law or ;n equ~iy. to the prevc:ii!ing pa1/y.

t~xcept that you and Piam Gre~)n c'l~:;re(~ ti'al the a·!;itrator has ;10 authorit)' to cor1duct d:iss-wide proceedings and ',\·ill be

restricted to resolving individual Disputes. The validity. effect ar:d e·1forceat11ity of the waivers of class Ddion la1,vsuit and class-

1J1·1df~ arb1tra\1on, if civ:illenged. are to b(~ detern11ned solely by a Tr,bal cow! of co1 npetent JUrisd1ct1on an(J 1-cot by tne M/l.._ J/l.f\:1S.

or an Clfl)itrator. if the Tr:bal ;;o,ffi i'efuscs \o c11fo:cc the cla.ss-IA·:ce ariJi\ration wa:ver. the p2n1es a~iree that the D;spute v,1i!I

proceed in Tribal cc,Jri and l'11H be dto:cidod J)y a 1 rib0I court JUdge, sitting wi~hou: a JUI'\'. u:1der appl1cabie Triba! court ru!es and

prccec~ures. and not ac.; 2. class aelion lav:suit. i\S a11 m:t;grc;I cocnponenl of accepting th.1s Ag.reerYH::ni, vou 1rre' occitllj consent to

thr~ exdusivr~ 1ur1sd1ction of the T ribai courts for purooses cf '.hrs f\greement

APPLICABLE LAW AND JUDICIAL REV!EV'/ OF ARBtTRATOR'S AWARD: THIS AGREEMENT TO ARBITRATE IS MADE

PURSUANT TO A TRANSACTION !NVOLVlNG lNTERSTATE COMMERCE AND SHALL BE GOVERNED BY TRIBAL LAW.

THE PARTIES ADDITIONALLY AGREE TO LOOK TO THE FEDERAL ARBITRATION ACT AND JUDICIAL

INTERPRETATIONS THEREOF FOR GUIDANCE IN ANY AHBITRATION THAT MAY BE COl-JDUCTED HEREUNDER. rnc arbitrator shall nppiy' lriba! La·N and ine terms of tnis Agmement_ incl11d;ng lh;s Agr·eernt)n\ tc Ar-bitrat~ ar,d the wnivers included

herein. T~te erb:t1·;,1tor may dec,dt;. with'..\!' without n nearing, any motion that is substa:1tially sirnlirn- to a n1ution to d1srniss for

fai!1ll'e to slate a cl;:rnn or a rnoticn for surnrncry 1udgc-r1ent. The zrll:triltur sl13il 11,;ike ··Nr:tten fhd.11gs ancl the arl;itrator's c:warri

may be fii<d with a Td)8.i CC'-11'.. The <Jrb1lration <'l'·Na;d shai! be supported by su~1sian\;ai e"idence <:lnd ;-iiusl bf~ consistent "'''ith ths

A~;reern2,1t cind T:1bni Lavi, ~ind if it is not, it mc·1y be set as!do by a Tnbal coLd L.j.)01~ JL1d1c1ai re, 1ew. Tiie p;:;'t1es Niii have the ;-1~1ht

to ;udicial rev1cv,· 1n a Tribal court of (a) whetl~er th: fi:1dmgs cf tau rendered by thG arb1tu1tor are supported by substant13!

evcdenu~ and (ll) wnethvr the conclus1oris ol lc.w are crroneOLJS under Tribal La',V. Judgment cor~f1rminfJ an tJward rn sud1 a proceeding rnav be entcrerJ only if a Tri~)ai court determines !ha\ the-; Aw,;ird 1s st.ppurted i)y substan!i;ii evidence and rs not basecJ

on legal e:-ro1· ur.cier Tr:bili L-'l'·N

SURVIVAL: fh:s Agre•:<r;-1ent to Arbitrate '·Nill su011ve i,1_.' tt",e canceitotion, pa~/!11f:'f1l, d'1arge-off, or assign1:1ent of t111s Agreemem:

(2j the llankr:1plcy of CJny party, and (3) any t:-~-rnsfer, sale. ur ass:gn~K'nl of \his Agreement. or a•>y an1ounts oi1ved under this

1'\gr·eern::nt. to Jny ::i:her pe:·son er ef)o1~y.

PLEASE CAREFULLY REVIEW THIS AGREEMENT, WHICH INCLUDES A WAIVER OF JURY TRfAL ANO ARBITRATION

AGREEMENT THAT MAY BE ENFORCED BY YOU AND PLA1N GREEN. !F YOU HAVE QUESTIONS, PLEASE CONTACT CUSTOMER SERVICE AT (866) 420-7157.

By Glectronica/ly signing this Agreen1ent: You ce:-t1fy thai all ir<forrnotlon you gave Pla:n Green in connection iNi\h you~

0pplicatnn a:1C ti11s AgrCfO'ii8~1t ;s t:·uc; and corrrc:c.t, and ~,rou auU1orize PlaC11 Grl~E·1" to 1;erify w111 1nforrnat1010 you fYovided. You (j!VG

f'.'1~1111 Green co1wen'. to ob!ain infor:<1a:ion about you fron; one or rnorc ccns,m1'"~ rcpon'ng age:icies and othGr sourc~:s You acknowledge that: (a) you have read, understand, and agree to all of the terms and conditions of (i) this Agree111ent, including the truth-in-lending disclosures and the Waiver of Jury Trial and Arbitration Agree111ent, and (ii) Plain Green's Erivar;_y__.e_Q}_fty_; (b) t/1is Agreernenf' contains a!/ of tJJe tenns of the agreernent between you and Plain Green and that no rep1c'se11tations or pron1ists other than those contained in this Agreement have been made; (c) if you elect below to repay this Loan via ACH debits to your Bank Accourt, you specificaffy authorize withdrawals and deposits to and fron1 your Bank Account as described in this Agreernent; (d) you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of rhe United States Bankruptcy Code: (e) 1his Agreenieni was filled in before you signed it; (f) you have the ability to print or retain a coniplered copy of this Agreernent.' and (g) Plain Green has not 1nade the Loan contingent upon your obtaining aoy other product or service fro1n Plain Green or anyone else. 'i'oc fut1hH 8Ck.nowiedg0 that Plain G;een rnay vv1tl-lho cl funcling of yrn.ff Loan until (i) f:>irnn Green cor;firnis that you hc1ve rnc1de aii'

pay>1cer~ts 0:1 ar1y pn;v1ous loan~; with Pia1n Gre(~!1. (!i} f::-lain Gr02n verif:r~s that ail 1nloc111c1tic:n you gave Pta1n Green on \''O'Jl

apph--:at:on 1s t1·ue and (iii) P!;,i11 Green deC!des wl1ether you meet the requ:remenls to receive lhe Loar:.

Check Here

By checking here and signing below, you understand, ackr1owledge and agree that Plain Green. LLC is a tribal lending

Gntity wholly owned by Chippewa Cree Tribe of the Rocky Boy's Indian Reservation, Montana, a federally recognized tribe.

You further understand. acknowledge and agree that this Loan is governed by the laws of the Chippewa Cree Tribe and is not subject to the provisions or protections of the laws of your home state or any other state. !f you wish to have your

resident state's law apply io any !oan that you obtain. you should consider obtaining a !oan froin a licensed !ender in your

state.

Please rnvlew and select one of H1ese funding op;ions

Check Here

ELECTRONIC (as soon as the next business day)· 8)' check n,1 hure <0nd ~;igrnrcg L1elcw, awue to the ACH ,f\,U\h,y1z~it10:1 set fo11!~ ,., t1;is ,'\green-,r;nt_ 'Nt·i1ch allows Pia1n G1-u:11 '.o c~ebl an'.l crncl1; your Bci;;K /\ccoun; bi- i!i1s Loan :,1cknu1.v!ed;;e ar1d il;;iree that l!ie /\CH ,'l,u\11ci1;'zn;;c;1 is lnr the !)cmef11 oi F'l;;;1n G:1ot':n. l.LC rb af!1l1ales, aw:nls. rep(csen!R!iv.:s e"•plc>yee>. SiKCtssors. and n:<~i1Stered ass1f_ms V'Jt1 ·icJ..r1cic1,1i•_•rlqe the;! you arP net 10q1J<rr;rJ \,)consent to r,,,~cive fi,11c1s or rf'fJ"Y ycJur L.0211 b\-' or olhec r:lcctroni,_·. pavnmnt me1-hocl


< POSl"AL Mf\IL (allow 7 to 10 days for delivery). B)' cih;c:•i11y ~1orn .>nd s lgr.ing t;elow. you ruq\JCS< J.c.ar. :)ror.r,f:ds lm di~t< ib<it<1(! t;, y<;:i ~>y r.~ 1eck a11d dwHn~rGd by :·egu1,1r n)tl•( tl''ifO\:gh lh~: L:.S. Poslal SP.f\+iOO. H ~100 t?JHcl to r.::CC!-1e your r;rot~e'.tdS by maa. you mt1tit 11 1ake payirll .. ~,11~ 8$ cx.plaini?d i!1 the ''~'>ayrr.cnt~" s.ection at.10·1<~ . Yot: acli.nowlec.gc t11at •n~erest be-g1~'s accri.;ing o~i n:e Effect;· .. •<: D.~te set loi:h 01 Iha 1cp c)r 1:i:~ Ag1eorr.E;nt.

Your Full Name: Ty!}e ·1 Agree': Dar~m1 . .'tu~.s Gibt:if) I Agitl:

Plain Groell, L.lC .- · . .,

,:'!.-~;_. . ._ -,; .. -;_;::.~~·~· -·-- --···-· Date: 116120~6

Dal1J: 11612016


THIS AGREEMENT SHALL NOT CONSTITUTE A "NEGOTI ABLE I NSTRUMENT#

Consumer Installment Loan Agreement Loan Number: 74097924

Great Plains Lending, LLC Otoe-Missouda Indian Reservation

Red Rock, OK 74651

Lender: Great Plains Lendln9 1 LLC

Origination Date: 10/5/2016 This Is the date you signed and submlttetl this Agreement to the Lender.

Disbursement Date : On or about 10/5/2016 This is the date that the Loan proceeds are released.

Effective Date: 10/6/2016 This 1s the date that interest begins to acaue.

Final Payment Due Date: 4/3/2018 This is the Loan maturity date.

(877) 836-1506

Borrower's Name: Lula Bell Williams

Borrower's ID: *******1647

Borrower's Address:

Borrower's Bank and Account Number for ACH Transfers ( the " Bank Account"):·

In this Consumer Installment Loan Agreement (this " Agreement"), " you" and " your" refer to the Borrower identified above. " We", " us", " our", and " Lender" refer to Great Plains Lending, LLC, a lender authorized by the laws of the Otoe-Missourla Tribe of I ndians (the " OtoeMlssouri a Tribe" or "Tr ibe"), a federally recognized Indian Tribe, and any ai;signee of Lender or tiubsequent holder of this Agreement. " Tribal" refers to the Otoe-Missourla Tribe, and " Tr ibal Law" means any law or regulation duly enacted by the Otoe-Missourla Tribe. " Loan" m eans the consumer Installment loan made by Lender to Borrower \lnder this Agreement.

I MPORTANT DISCLOSURE

PLEASE READ THIS DISCLOSURE CAREFULLY BEFORE SIGNING THIS AGREEMENT. LENDER IS AN ARM OF THE TRI BE, IT IS A COMMERCIAL ENTITY FORMED PURSUANT TO TRIBAL LAW, IT IS OWNED AND OPERATED BY THE TRIBE AND IT FUNCTIONS AS A NON-PROFIT COMMERCIAL ENTITY OF THE TRIBE, FORMED FOR THE EXPRESS PURPOSE OF ECONOMIC DEVELOPMENT. BOTH THE LENDER AND THE TRIBE ARE IMMUNE FROM SUIT IN ANY COURT UNLESS THE TRIBE, THROUGH ITS TRIBAL COUNCIL, EXPRESSLY WAIVES THAT IMMUNITY THROUGH A FORMAL, WRITTEN RESOLUTION OF THE TRIBE'S TRI BAL COUNCIL. THE LENDER IS REGULATED BY THE TRIBE'S CONSUMER FINANCE SERVICES REGULATORY COMMISSION (THE " COMMISSION"), YOUR RIGHT TO SUBMI T COMPLAINTS IS .UMITED TO THE DISPUTE RESOLUTION PROCESS SET FORTH IN THIS AGREEMENT AHO TO THE COMMISSION IN ACCORDANCE WITH THE TRIBE'S CONSUMER LENDING CODE AND ACCOMPANYING REGULATIONS, IF ANY.

YOU AGREE THAT THIS LOAN IS MADE WITHIN THE TRIBE'S JURISDICTION AND IS SUBJECT TO AND GOVERNED BY TRIBAL LAW ANO NOT THE LAW OF YOUR RESIDENT ST-ATE. IN MAKING THIS LOAN, YOU CONSENT TO TRIBAL JURISDICTION FOR THIS LOAN. YOUR RESIDENT STATE LAW


MAY HAVE INTEREST RATE LIMITS AND OTHER CONSUMER PROTECTION PROVISIONS THAT ARE MORE FAVORABLE. IF YOU WISH TO HAVE YOUR RESIDENT STATE LAW APPLY TO ANY LOAN THAT YOU TAKE OUT, YOU SHOULD CONSIDER TAKING A LOAN FROM A LICENSED LENDER IN YOUR STATE. IN ANY EVENT, YOU SHOULD CAREFULLY EVALUATE YOUR FINANCIAL OPTIONS BEFORE TAKING OUT A LOAN. THIS LOAN HAS A HIGH INTEREST RATE AND IT IS NOT INTENDED TO PROVIDE A SOLUTION FOR LONGER TERM CREDIT OR OTHER FINANCIAL NEEDS. ALTERNATIVE FORMS OF CREDIT MAY BE LESS EXPENSIVE AND MORE SUITABLE FOR YOUR FINANCIAL NEEDS. PLEASE CONSIDER YOUR ABILITY TO REPAY THE LOAN. IF YOU ARE HAVING FINANCIAL DIFFICULTIES, YOU SHOULD SEEK THE ASSISTANCE OF FINANCIAL COUNSELORS. BEFORE SIGNING THIS AGREEMENT, PLEASE CAREFULLY READ ITS TERMS. YOUR SIGNATURE AND ACCEPTANCE OF THIS LOAN WILL BE DEEMED AS PROOF THAT YOU HAVE READ THIS AGREEMENT, YOU HAVE APPROVED OF ALL OF ITS TERMS, INCLUDING CONSENTING TO TRIBAL JURISDICTION, YOU HAVE PROVIDED THE LENDER WITH THE MOST CURRENT AND ACCURATE EMPLOYMENT, CREDIT, INCOME, AND ASSET HISTORY REQUIRED FOR LENDER TO ASSESS YOUR ELIGIBILITY AND CREDITWORTHINESS, AND AFFIRMATIVELY ACKNOWLEDGE THAT YOU ARE ABLE TO REPAY THE LOAN ACCORDING TO THE TERMS OF THIS AGREEMENT.

TRUTH IN LENDING DISCLOSURES: We provide the following truth-in-lending disclosures so that you can compare the cost of this Loan to other loan products you might obtain in the United States. Our inclusion of these disclosures does not mean that we or any subsequent holder of this Agreement consent to application of state or federal law to us, to the Loan, or this Agreement.

ANNUAL PERCENTAGE RATE

The cost of your credit as a yearly rate.

247.68°/o

TRUTH-IN-LENDING DISCLOSURES

FINANCE CHARGE

The dollar amount the credit will cost you.

$3,924.21

Amount Financed

The amount of credit provided to you or on

your behalf.

$1,400.00

Total of Payments

The amount you will have paid after making

all payments as scheduled.

$5,324.21

PAYMENT SCHEDULE: Your Payrnent Schedule will be as set forth in the following table, with each due date being referred to herein as a "Payment Due Date":

Number of Payments Amount of Payments

17 $295.76

1 $296.29

PREPAYMENT: If you pay off early, you will not have to pay a penalty.

When Payments Are Due

11/3/2016, 12/3/2016, 1/3/2017, 2/3/2017, 3/3/2017, 4/3/2017, 5/3/2017, 6/3/2017, 7/3/2017, 8/3/2017, 9/3/2017, 10/3/2017,

11/3/2017, 12/3/2017, 1/3/2018, 2/3/2018,

3/3/2018

4/3/2018


See the Agreement below for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.

Itemization of Amount Financed:

Amount given to you directly:

Plus, Amount paid on your account with Lender - Loan # ___ _

Equals, A111ount Financed:

1400.00

$0.00

$1,400.00

PROMISE TO PAY: You promise to pay to the order of Lender the principal sum of $1,400.00 plus interest from the Effective Date of this Loan at the rate of 249.0030°/o per year until this loan is repaid in full. You agree to make payments in the amounts and on or before the Payment Due Dates shown in the Payment Schedule above. You also promise to pay to Lender all other fees and charges provided for under this Agreement.

INTEREST: Interest will accrue daily on the unpaid principal balance of this Loan, beginning on the Effective Date, until paid in full. We calculate interest based on a 365-day year. In calculating your payments, we have assumed you will make each payment on the day and in the amount due. If any payment is received after the Payment Due Date, you must pay any additional interest that accrues after the Payment Due Date. If any payment is made before a Payment Due Date, the interest due on the scheduled payment will be reduced, and you will owe less Interest. The amount of any decrease or increase in interest due will affect the amount of your final payment. If the amount of any payn1ent is not enough to pay the interest due, the unpaid interest will be paid from your next payment(s), if any, and will not be added to the principal balance. Time is of the essence, which means that there are no grace periods for when payments must be made. There is no separate late charge if you fail to make payments in accordance with the Payment Schedule. However, if you do not make each payment in full on the Payment Due Dates as agreed, Lender may continue to charge interest on past due amounts at the interest rate set forth in the "Promise to Pay" section. The interest rate and other charges under this Agreement will never exceed the highest rate or charge allowed by Tribal Law

for this Loan. If the amount collected is found to exceed the highest rate or charge allowed, Lender will refund an amount necessary to comply with Tribal Law.

PAYMENTS: Lender will apply your payments in the following order: (1) to any fees due, (2) to accrued but unpaid Interest, and (3) to principal amounts outstanding. If you have chosen the ACH Authorization option, each scheduled payment, plus any fees due to us (if applicable), will be debited from your Bank Account on each Payment Due Date. See the ACH Authorization below for further information.

If you have chosen to receive your Loan proceeds via check and to repay all amounts due pursuant to this Agreement via check, money order or certified check, please mail each payment payable to Great Plains Lending, LLC, P.O. Box 42906, Philadelphia, PA 19101 (or by overnight niail or courier service to Great Plains Lending c/o MetaSource, 1900 Frost Road, Suite 100 1 Bristol, PA 19007), for forwarding to and receipt and processing on the Otoe-Missourla Indian reservation, in time for Lender to receive the payment by 5:00 p.m. Eastern Time on the Payment Due Date.

PREPAYMENT: You may prepay this Loan in whole or in part at any time without penalty. If you prepay in part, you must still make each later payment according to tt1e Payment Schedule above until this Loan is paid in full. Any amounts you prepay will not continue to accrue interest.

RIGHT OF RESCISSION: You may rescind or cancel this Loan if you do so on or before 5:30 p.m., Eastern Time, on the fifth business day after the Origination Date (the "Rescission Deadline"). To cancel, call Lender at (877) 836-1506 to tell us you want to rescind or cancel this Loan and provide us written notice of resc\ssion as directed by our customer service representative.

If you have provided an ACH Authorization: If we timely receive your written notice of rescission on or


before the Rescission Deadline but before the Loan proceeds have been credited to your Bank Account, we will not deposit your Loan proceeds to your Bank Account and both ours and your obligations under this Agreement will be rescinded. If we timely receive your written notice of rescission on or before the Rescission Deadline but after the Loan proceeds have been credited to your Bank Account, we will debit your Bank Account for the principal amount owing under this Agreement. If we receive payment of the principal amount via the debit, ours and your obligations under this Agreement will be rescinded. If we do not receive payment of the principal arnount via the debit, then the Agreement will remain in full force and effect until all amounts owed under this Agreement are repaid in full, including any interest and fees.

If you have elected to receive your Loan proceeds via check delivered by mail: If we timely receive your written notice of rescission on or before the Rescission Deadline, and (a) if we have not mailed the check representing the Loan proceeds to you or (b) if you have not cashed the check representing the Loan proceeds, then we will cancel the check and both ours and your obligations under this Agreement will be rescinded. If you have cashed the check representing the Loan proceeds, you must return the full amount of cash you recelved to us by the Rescission Deadline. If we receive the full amount by the Rescission Deadline, ours and your obligations under this Agreement will be rescinded. If we do not receive the full amount by the Rescission Deadline, then the Agreement will remain in full force and effect until all amounts owed under this Agreement are repaid in full, including any interest and fees.

Any pre-assessed fee shall not be deemed security for this Loan and shall be returned by a credit entry to your Bank Account within three (3) business days of an effective rescission.

CHECK CONVERSION NOTIFICATION: When you provide a check as payment, you agree we can either use information from your check to make a one-time electronic withdrawal from your Bank Account or to process the payment as a check transaction. When we use information from your Check to make a withdrawal from your Bank Account, funds may be withdrawn from your Bank Account as soon as the same day we receive your pay1nent1 and you will not receive your check back from your financial institution. For questions, please call our customer service phone number, (877) 836-1506.

RETURNED PAYMENT FEES; BORROWER BANK CHARGES: If any payment made by you on this Loan is not honored or cannot be processed for any reason, including not enough money in your Bank Account, you agree to pay us a fee of $30.00 and you agree that we may recover court costs and reasonable attorney's fees incurred by us. If you have elected to repay this Loan via ACH debits to your Bank Account, for each returned payment, you authorize Lender and \ts agents and representatives to make a one-time withdrawal from your Bank Account to collect this fee. Your financial institution may also charge a fee if your Bank Account becomes overdrawn or if a payment is atten1pted against your Bank Account that would cause it to become overdrawn. You will not hold us or our agents, representatives, successors or assigns responsible for any such fee you must pay.

SECURITY: No security interest is taken or given in connection with this Loan.

REFINANCE POLICY: Subject to our credit policies, we will determine, in our sole discretion, whether your Loan may be refinanced.

DEFAULT: You will have broken your promise you made to us in this Agreement (each, a "Default") if: (a) you provide false or misleading information about yourself, your employment or your financial condition prior to entering into this Agreement, (b) you fail to make a payment in full by the applicable Payment Due Date or if your payment is returned to us for any reason, or (c) you file bankruptcy or become a debtor under U.S. federal bankruptcy laws.

CONSEQUENCES OF DEFAULT: Should you not do the things you agreed to under this Agreement, we may, at our option, do any one or more of the following things: (a) require you to immediately pay us everything you owe us under this Agreement; (b) if you have elected to repay this Loan via ACH debits to your Bank Account, withdraw money fro1n your Bank Account that was not available when we tried to withdraw it at an earlier time; and (c) pursue all legally available means to collect what you owe us. By signing this Agreetnent you waive notice of default, dishonor, demand for payment, protest, presentment,


and any other notices. Amounts you owe Lender includes the unpaid principal balance of this Loan, all unpaid accrued fees and interest (including unpaid interest owing on past due amounts), and any costs and fees Lender incurs in connection with this Agreement. In the event we declare all amounts owed under this Agreement immediately due because you did not pay us1 then, if you have elected to repay this Loan via ACH debits to your Bank Account1 you further authorize us and our agents and representatives to withdraw money froin your Bank Account in the full amount due under this Agreement. By choosing to exercise any one of more of these remedies, we do not give up our right to use another way to collect the money you owe us later. We may decide not to use any of the ways described above to get back the money that you owe us. If so, we do not give up our right to consider what you said you would do to make payment(s) and, if you fail to make those payment(s), we will consider you to be in Default. In any proceeding in which a Lender is a party in interest with respect to any transactions with Borrower under Tribal law, Lender's rights and remedies shall be granted based upon prima fade proof and entitlement based upon the terms of this Agreement and the payment and business records maintained by Lender in the ordinary course of business. Any claims or defenses whatsoever asserted by or on behalf of Borrower shall be subject to the dispute resolution process and jurisdiction agreed to in this Agreement.

CREDIT REPORTING: You agree that Lender may make inquiries concerning your credit history and standing, and may report information concerning your performance under this Agreement to credit reporting agencies. Late payments, missed payments or other defaults on your Loan may be reflected in your credit report.

CHANGE OF PRIMA.RY RESIDENCE: You agree to notify Lender of any change in your primary residence as soon as practicable, but no later than five (5) days after any change. You agree that the address provided on this Agreement will govern th ls Agreement until you have met all obligations under this. Agreement and that any subsequent change. in your primary residence will not affect the terms or enforceability of this Agreement.

CORRESPONDENCE WITH LENDER: General correspondence with Lender concerning this Loan, this Agreement or your relationship with Lender must be directed to Lender at the following address: Great Plains Lending, LLC, 1050 East 2nd Street, Box 500, Edmond, Oklahoma 73034. Communications related to the bankruptcy of the Borrower must be directed to Lender at the following address: Great Plains Lending, LLC1

Attn: Bankruptcy Handling1 1050 East 2nd Street, Box 500, Edmond, Oklahoma 73034.

FORCE MAJEURE: Unavoidable delays as a result of inadvertent processing errors and/or "acts of God" may extend the time for the deposit of Loan proceeds and the processing of payments owing hereunder.

TRANSFER OF RIGHTS; HYPOTHECATION AND MAINTENANCE OF REGISTER: This instrument is nonnegotiable in form but may be pledged as collateral security. If so pledged, any payment made to the payee, either of principal or of interest, upon the debt evidenced by this obligation, shall be considered and construed as a payment on this instrument, the same as though it were still in the possession and under the control of the payee named herein; and the pledgee holding this instrument as collateral security hereby makes said payee its agent to accept and receive payments hereon, either of principal or of interest.

You agree that we may assign or transfer this Agreement, or any of our rights hereunder, to any other person or entity without prior notice to or consent from you. Regardless of any transfer, this Agreement shall remain exclusively subject to Tribal Law and courts of the Otoe-Missouria Tribe. Great Plains Lending, LLC (the "Registrar"), acting solely for this purpose as your irrevocably appointed agent, shall maintain at an office located in the United States a copy of each assignment of this Agreement delivered to it and a register (the "Register") for the recordation of the names and addresses of the original owner, assignees, and persons holding participation interests in the Loan, and the amounts of principal and interest owing to each from time to time pursuant to the terms of this Loan. The Register may be in electronic form. The entries of the Register shall be conclusive, and you, the Registrar, the Lender and all of its assignees and participants shall treat each person whose name is recorded in the Register pursuant to these terms as the owner of such principal and interest payments for all purposes of this Agreement, notwithstanding notice to the contrary. The name of the owner in the Register shall be available to you by written request to the Registrar at any reasonable time and from time to time upon reasonable prior notice. The foregoing is intended to result' in


thls Agreement being in "registered forn1" within the meaning of U.S. Treasury Regulations Section 1.871~ 14(c) and Sections 163(f), 871(h) and 881(c) of the Internal Revenue Code of 1986, as amended, and shall be interpreted and applied in a manner consistent therewith. Any fees and expenses of the Registrar for its services shall be charged to the registered owner of the loan and not to you.

SUCCESSORS AND ASSIGNS: This Agreement is binding upon your heirs and personal representatives in probate and upon anyone to whom you assign your assets or who succeeds you in any other way; provided, however, that you may not assign or transfer this Agreement except with Lender's prior written consent.

SERVICING COMMUNICATIONS AND COMMUNICATIONS AFTER DEFAULT: You authorize Lender and its authorized representatives to contact you according to your consent provided in your application or according to your account preferences, as modified by you after submitting your application. This may include (i) calling you during reasonable hours at any of the phone numbers listed on your most recent application (a) prior to each Payment Due Date to remind you of the payment due and (b) and for other matters related to your account, (ii) contacting you by text message or other wireless communication method on the mobile phone number listed on your application, (iii) leaving a message with a person or a voice mail service, and (iv) contacting you using autodialers or pre-recorded messages, including calls to your mobile phone.

ACH AUTHORIZATION

(applies only if (a) you select the electronic funding/payment option below or (b) authorize recurring Debit Card payments)

This ACH Authorization is a part of and relates to this Agreement. You voluntar\ly authorize us, and our successors, affiliates, agents, representatives, en1ployees a~1d assigns, to initiate automatic credit and debit entries to your Bank Account in accordance with this Agreement. You agree that we will initiate a credit entry to your Bank Account for the Amount Financed on or about the Disbursement Date. You agree that we will initiate a debit entry to your Bank Account on each Payrnent Due Date in the payment amount described in the Payment Schedule. For each scheduled payment, whenever a debit entry to your Bank Account is returned to us for any reason, we may initiate a debit entry to your Bank Account up to two additional tin1es after our first attempt for each scheduled payment amount. You also agree that we will initiate a debit entry for any accrued returned payment fees and any interest that accrues on overdue amounts. If your payment is due on a non-business day, it will be processed on the next business day.

You agree that this ACH Authorization is for repayment of a consumer installment loan and that payments shall recur at substantially regular intervals as SJ?t forth in this Agreement. This ACH Authorization is to remain in full force and effect for this transaction untll you pay your Loan, including any interest and fees, in full. You may revoke this ACH Authorization by contacting us directly or your financial institution. If you revoke your ACH Authorization, you agree to make payments to us by check, certified check or money order as set forth in the "Payments" section above. In no event will any revocation of this ACH Authorization be effective with respect to entries processed by us prior to us receiving such revocation,

You agree that we may obtain information about you and your Bank Account from your bank and/or consumer reporting agencies until all amounts owing pursuant to this Agreement are paid in full. If there is any missing or incorrect information in or with your application regarding your bank, bank routing number, or account number, then you authorize us to verify and correct such information.

Your bank may charge you a fee in connection with our credit and/or debit entries. Contact your financial institution for more information specific to your Bank Account.

This ACH Authorization is subject to the following provisions:


(1) Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your Bank Account, you can stop any of these payments. Here's how: Call us at (877) 836-1506 or write us at 1050 East 2nd Street, Box 500, Edmond, Oklahoma 730341 in time for us tO receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call.

(2) Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three (3) business days or more before the transfer \s scheduled, and we do not do so, we will be liable for your losses or damages.

(3) Notice of varying amounts. You acknowledge that you will receive a notice at least 10 days before a payment is debited from your Bank Account if the payment we are going to debit from your Bank Account varies from the amount disclosed in the Schedule of Payments above. You have the right to receive notice of all varying amounts.

This ACH Authorization is a payment mechanism only and does not give us collection rights greater than those otherwise contained in this Agreement. This ACH Authorization does not constitute and is not intended to constitute a security interest under Tribal Law.

If you associate one or more debit cards with your account with Lender (each a "Debit Card") and authorize Lender to initiate recurring payments on your Loan using a Debit Card, the terms of the foregoing ACH Authorization will apply equally to recurring payments made by Debit Card. --- ~ ---- - ·------ -----·---- -------- ------ ------ ·-----

ENTIRE AGREEMENT; SEVERABILITV. This Agreement, including the Waiver of Jury Trial and Arbitration Agreement, constitutes the entire agreement between Borrower and Lender, and it may not be contradicted by evidence of prior or contemporaneous oral agreernents between them. If any provision of this Agreement ls held unenforceable, including any provision of the Waiver of Jury Trial and Arbitration Agreement, the rernainder of this Agreement shall remain in full force and effect.

GOVERNING LAW; NON-APPLICABILITY OF STATE LAW; INTERSTATE COMMERCE: This Agreement

and the Agreement to Arbitrate are governed by Tribal Law and such federal law as is applicable under the Indian Commerce Clause of the Constitution of the United States of America. We do not have a presence in Oklahoma or any other state of the United States of America. Neither this Agreement nor the Lender is subject to the laws of any state of the United States. The Lender may choose to voluntarily use certain federal laws as guidelines for the provision of services. Such voluntary use does not represent acquiescence of the Otoe-Missourla Tribe to any federal law unless found expressly applicable to the operations of the Otoe-Missouria Tribe. You and we agree that the transaction represented by this Agreement involves interstate commerce for all purposes.

WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT

This Agreement includes the following binding Waiver of Jury Trial and Arbitration Agreement (the "Agreement to Arbitrate"). You may opt out of the Agreement to Arbitrate by following these instructions:

RIGHT TO OPT-OUT: IF YOU DO NOT AGREE TO ARBITRATE ALL DISPUTES (DEFINED BELOW) IN

ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT TO ARBITRATE, YOU MUST ADVISE US IN WRITING EITHER BY (A) MAILING A LETTER POSTMARKED NO LATER THAN 60 DAYS FOLLOWING THE ORIGINATION DATE SET FORTH AT THE TOP OF THIS AGREEMENT, TO 1050 EAST

2ND STREET, BOX 500, EDMOND, OKLAHOMA 73034, OR (B) BY EMAIL DATED NO LATER THAN 60 DAYS FOLLOWING THE ORIGINATION DATE SET FORTH AT THE TOP OF THIS AGREEMENT TO [email protected]. YOUR OPT-OUT CORRESPONDENCE MUST CLEARLY PRINT OR

TYPE YOUR NAME AND ACCOUNT NUMBER OR SOCIAL SECURITY NUMBER AND STATE THAT YOU REJECT ARBITRATION. YOUR REJECTION OF ARBITRATION WILL NOT BE EFFECTIVE IF IT IS NOT IN WRITING OR IF IS DATED LATER THAN 60 DAYS FOLLOWING THE ORIGINATION DATE SET FORTH AT THE TOP OF THIS AGREEMENT; IT IS NOT SUFFICIENT TO TELEPHONE US. IN THE EVENT YOU OPT


OUT OF THE AGREEMENT TO ARBITRATE, ANY DISPUTES SHALL NONETHELESS BE GOVERNED UNDER TRIBAL LAW AND MUST BE BROUGHT WITHIN THE COURT SYSTEM OF THE OTOE-MISSOUR!A TRIBE.

PLEASE CAREFULLY READ THIS AGREEMENT TO ARBITRATE. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION AS DESCRIBED ABOVE, YOU AGREE THAT ANY DISPUTE YOU HAVE RELATED TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

AGREEMENT TO ARBITRATE: You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration.

WHAT ARBITRATION IS: "Arbitration" is having an independent third-party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us or otherwise involving this Agreement or the Loan. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all federal, state or Tribal Law claims or demands (whether past, present, or future), based on any legal or equitable theory and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes any issue concerning the validity, enforceability, or scope of this Agreement or this Agreement to Arbitrate.

For purposes of this Agreement to Arbitrate, (a) the terms "you" and "your" mean you, the borrower, and include your heirs, guardian, personal representative, or trustee in bankruptcy, and (b) the terms "we," "our," and "us" mean Lender, our agents servicers, assigns, vendors or any third-party, Lender's affiliated companies, the Tribe, Lender's servicing and collection companies, representatives and agents, and each of their respective agents, representatives, employees, officers, directors, members, managers, attorneys, successors, predecessors, and assigns.

HOW ARBITRATION WORKS: If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. A party who intends to seek arbitration niust first send to the other, by email, a Notice of Dispute (Notice). You must send the Notice to Lender at [email protected]. The Notice must (a) have the subject heading "Notice of Disputei" (b) describe the nature and basis of the clairn or disputei and (c) set for the specific relief sought (Demand). If Lender and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Lender may commence an arbitration proceeding. The party requesting arbitration must choose either of the following arbitration firms for initiating and pursuing arbitration: the International Institute far Conflict Prevention & Resolution ("CPR") or JAMS, The Resolution Experts ("JAMS"). If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitration firm, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

International Institute for Conflict Prevention & Resolution, Inc. 575 Lexington Ave, 21st Floor New York, NY 10022 Website: http://www.cpradr.org/ Telephone: (212) 949-6490

JAMS, The Resolution Experts 1920 Main Street, Suite 300 Irvine, CA 92614 Website: http://www.jamsadr.con1/ Telephone: (949) 224-1810 or (800) 352-5267

The policies and procedures of the selected arbitration firm applicable to consumer transactions will apply provided such policies and procedures do not contradict this Agreement to Arbitrate or Tribal Law. To the extent the arbitration firm's rules or procedures are different than the terms of this Agreement ta Arbitrate, the terms of this Agreement to Arbitrate will apply.

WHAT ARBITRATION COSTS: No matter which party initiates the arbitration, we will advance or


reimburse filing fees and other costs or fees of arbitration for all non-frivolous claims, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by Tribal Law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration. If1 after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will pay you the amount of the award or the loan an1ount plus any finance fees paid 1 whichever is greater. If you would be entitled to a larger amount under applicable law1 this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.

LOCATION OF ARBITRATION: Any arbitration under this Agreement may be conducted either on Tribal land or within thirty (30) miles of your then current residence, at your choice, provided that this accommodation for you shall not be construed in any way (a) as a relinquishment or waiver of the sovereign status or immunity of the Tribe, (b) to allow for the application of any law other than Tribal Law, or (c) to constitute a transaction of business in any place other than the Indian country of the Tribe. Any party may participate in arbitration exclusively by telephonic or other electron le means.

WAIVER OF RIGHTS: BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO (A) HAVE A JURY TRIAL TO RESOLVE DISPUTES, (B) HAVE A COURT RESOLVE DISPUTES, (C) PARTICIPATE IN A CLASS ACTION LAWSUIT, AND (D) HAVE ACCESS TO DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT.

The arbitrator has the ability to award all remedies available under Tribal Law, whether at law or in equity, to the prevailing party 1 except that you and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Disputes. The arbitrator may award such remedies only in favor of the individual party seeking relief and only to the extent necessary to prove relief warranted by that party's individual claim. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The validity 1 effect1 and enforceability of the waivers of class action lawsult and class-wide arbitration, if challenged, are to be determined solely by a Tribal court of competent jurisdiction and not by the CPR, JAMS, or an arbitrator. If the Tribal court refuses to enforce the class-wide arbitration waiver, the parties agree that the Dispute will proceed in Tribal court and will be decided by a Tribal court judge, sitting without a jury, under applicable Tribal court rules and procedures, and not as a class action lawsuit. As an integral component of accepting this Agreement, you irrevocably consent to the exclusive jurisdiction of the Trlbal courts for purposes of this Agreement.

APPLICABLE LAW AND JUDICIAL REVIEW OF ARBITRATOR'S AWARD: THIS AGREEMENT TO ARBITRATE SHALL BE GOVERNED BY TRIBAL LAW. The arbitrator shall apply Tribal Law and the terms of this Agreement, including this Agreement to Arbitrate and the waivers included herein. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a clalm or a motion for summary judgn1ent. The arbitrator shall make written findings and the arbitrator's award may be filed with a Tribal court. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and Tribal Law, and if it is not1 it may be set aside by a Tribal court upon judicial review. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. The parties will have the right to judicial review in a Tribal court of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under Tribal Law. Judgment confirming an award in such a proceeding may be entered only if a Tribal court determines that the award is supported by substantial evidence and is not based on legal error under Tribal Law.

SURVIVAL: This Agreement to Arbitrate will survive: (1) the cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement1 to any other person or entity.


PLEASE CAREFULLY REVIEW THIS AGREEMENT, WHICH INCLUDES A WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT THAT MAY BE ENFORCED BY YOU AND US, IF YOU HAVE QUESTIONS, PLEASE CONTACT CUSTOMER SERVICE AT (877) 836-1506.

By electronically signing this Agreement: You certify that all information you gave us in connection with your application and this Agreement is true and correct, and you authorize us to verify any information you provided. You give us consent to obtain information about you from one or more consumer reporting agencies and other sources. You acknowledge that: (a) you have read, understand, and agree to all of the terms and conditions of (i) this Agreement, including the truth-in-lending disclosures and the Waiver of Jury Trial and Arbitration Agreement, and (ii) Lender's Privacy Policy (https://www.greatplainslending.com/faq/privacy-policy) (b) this Agreement contains all of the terms of the agreement between you and us and that no representations or promises other than those contained in this Agreement have been made; (c) if you elect below to repay this Loan via ACH debits to your Bank Account, you specifically authorize withdrawals and deposits to and from your Bank Account as described in this Agreement; (d) you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code; (e) this Agreement was filled in before you signed it; (f) you have the ability to print or retain a completed copy of this Agreement; and (g) we have not made the Loan contingent upon your obtaining any other product or service from us or anyone else. You further acknowledge that we may withhold funding of your Loan until (i) we confirm that you have made all payments on any previous loans wlth Lender, (ii) we verify that all information you gave us on your application is true and (iii) we decide whether you meet our requirements to receive the Loan.

~ By checking here and signing below, you understand, acknowledge and agree that Great Plains Lending, LLC is a tribal lending entity wholly owned by Otoe-Missouria Tribe of Indians, a federally recognized tribe. You further understand, acknowledge and agree that this Loan is governed by the laws of the Otoe-Missouria Tribe and is not subject to the provisions or protections of the laws of your home state or any other state. If you wish to have your resident state law apply to any loan that you take out, you should consider taking a loan from a licensed lender in your state.

Please review and select one of these funding/payment options:

ELECTRONIC (as soon as the next business day): By checking here and signing below, you agree to the ACH Authorization set forth in this Agreernent, which allows us to debit and credit your Bank Account for this Loan. You acknowledge and agree that the ACH Authorization is for the benefit of Great Plains Lending, LLC, its affiliates, agents, representatives, employees, successors, and registered assigns. You acknowledge that you are not required to consent to receive funds or repay your Loan by ACH or other electronic payment method.

(_) POSTAL MAIL (allow 7 to 10 days for delivery): By checking here and signing below, you request Loan proceeds be distributed to you by check and delivered by regular mail through the U.S. Postal Service. If you elect to receive your proceeds by mall, you must make payments as explained in the "Payments" section above. You acknowledge that Interest begins accruing on the Effective Date set forth at the top of this Agreement.

Your Full Name:

Lula Bell Williams

Great Plains Lending, LLC

Ver. 25

Type 'I Agree':

I Agree

Date:

10/5/2016


JS 44 {Rev. 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORlvL)

I

I. (a) PLAINTIFFS Darlene G'1bbs, et al

DEFENDANTS Plain Green, LLC and Great Plains, LLC

(b) County of Residence of First Listed Plaintiff ~C~h~e~s~t~e~rf~ie~l~d _____ _ County of Residence of First Listed Defendant _B~o~x~E~l~d~e~r ______ _ (EXCEPT JN U.S. PLAIN11FFCASHS)

( C) Attorneys (Firm Name, Address, and Telephone Number)

Kristi C. Kelly & Andrew J. Guzzo/ Kelly & Crandall, PLC 3925 Chain Bridge Road, Ste. 202, Fairfax, VA 22030 (703) 424-7570

{IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys (If Knmvn)

II. BASIS OF JURISDICTION {Place an ''X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Pia" an "X" in on, Bo>/"' Plaintt!f

0 l U.S. Government

Plaintiff

0 2 U.S. Government Defendant

M 3 Federal Question

(U,S. Government Not a Porty)

0 4 Diversity (Indicate Citizenship of Pan/es In /lem III)

IV. NATURE OF SUIT {Place an "X" 1110neBoronty) CONTRA1-:T<: -. , -~'/{X;;/'?!ii/;J/:::;'Yf/ <;-',D-i;,>TORTS .. •

0 110 Insurance PERSONAL INJURY PERSONAL INJURY

0 120 Marine 0 310 Airplane 0 365 Personal Injmy -0 130 Miller Act 0 315 Airplane Product Product Liability 0 140 Negotiable Instnunent Liability 0 367 Health Care/ 0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical

& Enforcement of Judgment Slander Personal Injmy 0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal

Student Loans 0 340 Marine Injury Product (Excludes Veterans) 0 345 Marine Product Liability

0 153 Recovery of Overpayment Liability PERSONAL PROPERTY ofVeteran's Benefits 0 350MotorVehicle 0 370 Other Fraud

0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 TmthinLending 0 190 Other Contract Product Liability 0 380 Other Personal 0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 196 Franchise Injtuy 0 385 Property Damage

0 362 Personal Injmy • Product Liability Medical Malnractice

(For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF

CitizenofThisState 0 I 0 1 IncorporatedorPrincipalPJace O 4 0 4 ofBusiness In This State

Citizen of Another State 0 2 0 2 Incorporated and Principal Place of Business In Another State

0 5 0 5

Citizen or Subject of a Forei Count

0 3 0 3 Foreign Nation

FORFEITURE/PENAL Tl".''\ ' '\:;'.v?:,:'>'BANKR IJtY,;,S:

0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 of Property 21 USC 881 0 423 Withdrawal

0 690 Other 28 use 157

0 6 0 6

'' ,;,;,;;;,,;~R,STA--

0 375 False Claims Act

0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking

'/.!<;PR OPE -,;Rl(} g;;>vy1~:~ 0 450 Commerce O 820 Copyrights 0 460 Deportation 0 830 Patent M 470 Racketeer Influenced and 0 840 Trademark Corrupt Organizations

0 480 Consumer Credit 20-J -,'~ti;:iY?Si2I1ABOR> '.;,;i,!:;c;;,l(J(!r@ 0 %SE'GURI 0 490 Cable/Sat TV 0 710 Fair Labor Standards 0 861 HIA (1395ff) 0 850 Securities/Commodities/

Act 0 862 Black Lung (923) Exchange 0 720 Labor/Munagement 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions

Relations 0 864 SSID Title XVI 0 89 l Agricultural Acts 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 893 Environmental Matters 0 751 Family and Medical 0 895 Freedom of Information

Leave Act Aot 0 790 Other Labor Litigation 0 896 Arbitration

I ', -REALPROPER:T,Y; - -,;--~ GIV11¥:RlGHTSi?friFlk:0:- ;>PRISONEltPE'fITIONS ,,, 0 79 I Employee Retirement s>:J:FE-DER&L'tr2AX'.':SUfil'S 0 899 Administrative Procedure

0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-TJ1ird Party 0 0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 0 245 Tort Product Liability Accommodations 0 530 General 0 290 All Other Real Property D 445 Amer. w/Disabilities - 0 535 Death Penalty IM!\flGAA:1'10

Employment Other: 0 462 Naturalization Application 0 446 Amer, w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration

Other 0 448 Education

V. ORIGIN (Place an ''X" in One Box Only)

)8( 1 Original 0 2 Removed from Proceeding State Court

0 550 Civil Rights 0 555 Prison Condition 0 560 Civil Detainee -

Conditions of Confinement

0 3 Remanded from Appellate Court

Actions

0 4 Reinstated or Reopened

0 5 Transferred from Another District (specify)

0 6 Multidistrict Litigation

Act/Review or Appeal of Agency Decision

950 Constitutionality of State Statutes

Cite the U.S. Civil Statute under which you are filing (Do 11otcitej11ril·dictio11af :.·tatutes 1111/ess diversity):

VI CAUSE OF ACTION 1-1:..::8...:U:;.;..S::;·co:C'-'. "-"19:..:6:.:2..:co.:·----------------------------• Brief description of cause:

Violation of the Racketeer Influenced and Corrupt Organizations Act VII. REQUESTED IN

COMPLAINT: il1J CHECK IF THIS rs A CLASS ACTION DEMAND$

VIII. RELATED CASE(S) IF ANY

DATE 1 J FOR OFFICE USEJLl

RECEIPT# AMOUNT

UNDER RULE23, F.R.Cv.P.

(See ins/ructions): JUDGE M. Hannah Lauck

SIGNATUREW~

APPL YING IFP

CHECK YES only if demanded in complaint

JURY DEMAND: )ll Yes 0 No

DOCKETNUMBER 3:17-cv-00386-MHL

JUDGE MAG. JUDGE


in the united states district court for the eastern … · 2019-07-23 · the loans exceed 12%...

Documents